on the elections for the chamber of deputies and ... - sze.husmuk/tansegedletek... · of 29...

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LAW on the elections for the Chamber of Deputies and the Senate* CHAPTER I General provisions Article 1. – (1) The present law shall establish the general legal framework for the organisation and holding of the elections for the Chamber of Deputies and the Senate. (2) The members of the Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret and freely expressed vote, under the terms of the present law. Article 2. – A voter shall be entitled to one vote for the election to the Chamber of Deputies and one vote for the election to the Senate. Article 3. – (1) Deputies and senators shall be elected in constituencies based on the list system, according to the principle of proportional representation, as well as based on individual candidacies. (2) The representation rate for elections to the Chamber of Deputies shall be one deputy for 70,000 inhabitants. (3) The representation rate for elections to the Senate shall be one senator for 160,000 inhabitants. (4) The number of deputies and senators to be elected shall be established by relating the number of inhabitants of each constituency to the representation rates set out under paragraphs (2) and (3), adding a deputy’s or senator’s seat to all that exceeds half of the representation rate, without the number of deputies being lower than 4, and that of senators being lower than 2. (5) The number of inhabitants to be taken into account, according to paragraph (4), shall be the one existing on the date of 1 July of the year preceding the elections, as published in the Statistical Yearbook of Romania. If, at least 5 months before the election date, a general population census 507 * Law no. 373/2004 was published in the Official Gazette of Romania, Part I, no. 887 of 29 September 2004 and amended by Government Emergency Ordinance no. 80/2004, published in the Official Gazette of Romania, Part I, no. 941 of 14 October 2004. The amendments and additions are to be found throughout the present act. The Constitutional Court has ruled on the constitutionality of this law by means of Decision no. 339/2004, published in the Official Gazette of Romania, Part I, no. 887 of 29 September 2004, which is to be found at page 571.

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Page 1: on the elections for the Chamber of Deputies and ... - sze.husmuk/Tansegedletek... · of 29 September 2004 and amended by Government Emergency Ordinance no. 80/2004, published in

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CHAPTER IGeneral provisions

AArrttiiccllee 11.. – (1) The present law shall establish the general legal frameworkfor the organisation and holding of the elections for the Chamber ofDeputies and the Senate.

(2) The members of the Chamber of Deputies and the Senate shall beelected by universal, equal, direct, secret and freely expressed vote, underthe terms of the present law.

AArrttiiccllee 22.. – A voter shall be entitled to one vote for the election to theChamber of Deputies and one vote for the election to the Senate.

AArrttiiccllee 33.. – (1) Deputies and senators shall be elected in constituenciesbased on the list system, according to the principle of proportionalrepresentation, as well as based on individual candidacies.

(2) The representation rate for elections to the Chamber of Deputies shallbe one deputy for 70,000 inhabitants.

(3) The representation rate for elections to the Senate shall be one senatorfor 160,000 inhabitants.

(4) The number of deputies and senators to be elected shall be establishedby relating the number of inhabitants of each constituency to the representationrates set out under paragraphs (2) and (3), adding a deputy’s or senator’s seatto all that exceeds half of the representation rate, without the number ofdeputies being lower than 4, and that of senators being lower than 2.

(5) The number of inhabitants to be taken into account, according toparagraph (4), shall be the one existing on the date of 1 July of the yearpreceding the elections, as published in the Statistical Yearbook of Romania.If, at least 5 months before the election date, a general population census

507

* Law no. 373/2004 was published in the Official Gazette of Romania, Part I, no. 887of 29 September 2004 and amended by Government Emergency Ordinance no. 80/2004,published in the Official Gazette of Romania, Part I, no. 941 of 14 October 2004. Theamendments and additions are to be found throughout the present act. The ConstitutionalCourt has ruled on the constitutionality of this law by means of Decision no. 339/2004,published in the Official Gazette of Romania, Part I, no. 887 of 29 September 2004, whichis to be found at page 571.

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takes place, the number of inhabitants to be taken into account shall be theone resulting from the census, published by the National Statistics Institute.

(6) The territorial delimitation and the numbering of constituencies, aswell as the number of deputy’s and senator’s mandates per each constituencyshall be stipulated in appendix no. 1.

AArrttiiccllee 44.. – (1) Within the meaning of the present law, national minorityshall mean that ethnic group that is represented in the National Minorities’Council.

(2) The organisations of citizens belonging to a lawfully set up nationalminority as defined under paragraph (1), which have not obtained at leastone deputy’s or senator’s mandate in the elections, shall be entitled to onedeputy’s mandate, all together, according to article 62 (2) of the Constitutionof Romania, republished, if they have obtained, throughout the country, anumber of votes equal to at least 10% of the average number of votes validlycast nationwide for the election of a deputy.

(3) The organisations of citizens belonging to the national minoritiesrepresented in the Parliament may submit candidacies.

(4) Candidacies may also be submitted by other organisations of citizensbelonging to the national minorities as defined under paragraph (1),lawfully set up, which shall file with the Central Election Bureau, within3 days of its establishment, a members’ list comprising at least 15% of thetotal number of citizens who, in the latest census, have declared themselvesto belong to that minority.

(5) If the number of members needed for complying with the termsstipulated under paragraph (4) should exceed 25,000 persons, the members’list shall comprise at least 25,000 persons residing in at least 15 of thecountry’s counties and in Bucharest municipality, but no less than 300persons for each one of those counties and Bucharest municipality.

(6) The members’ list shall be drawn up per localities and counties andmust comprise: the denomination of the organisation, members’ full names,date of birth, residence, denomination, serial number of the ID paper, theirsignatures, as well as the full name of the person having prepared it. Theperson having prepared the list shall be bound to submit, along with thelist, a statement on one’s own account attesting to the truthfulness of themembers’ signatures, as well as the fact that the list has been prepared witha view to participating in that year’s parliamentary elections.

(7) Within the meaning of the present law, the same legal regimeapplicable to the political parties shall be applicable to the organisations ofcitizens belonging to national minorities, as stipulated under paragraphs (3)and (4).

(8) The organisations of citizens belonging to the national minoritieshaving participated in the elections on a joint list of two or more

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organisations shall also benefit from the provisions of paragraph (2); if suchis the case, if no candidate on the joint list has been elected, a deputy’smandate shall be assigned for all the organisations having submitted the list,in compliance with the provisions of paragraph (2).

(9) The provisions of paragraph (2) shall not be applicable to anorganisation of citizens belonging to national minorities that has participatedin the elections on a joint list with another political party, political alliance,or electoral alliance, or both on joint lists and its exclusively own lists.

(10) The deputy’s mandate assigned according to paragraph (2) shall begranted in addition to the total number of deputies resulting from therepresentation rate.

(11) The organisations stipulated under paragraphs (3) and (4) may onlyparticipate in the elections and submit candidates’ lists under thedenominations and election signs of such organisations.

(12) As a departure from the provisions of article 5 (8), the organisationsof citizens belonging to national minorities may submit the same candidates’list for the Chamber of Deputies in several constituencies.

AArrttiiccllee 55. – (1) Candidacies for the Chamber of Deputies and the Senateshall only be proposed on separate candidates’ lists by political parties andpolitical alliances established under the Law of the political partiesno. 14/2003, as well as by electoral alliances established under the terms ofthe present law.

(2) The candidates’ lists for the election of deputies and senators shouldbe prepared so as to make sure both sexes are represented.

(3) The number of candidates on each list may be higher than thenumber of mandates resulting from the representation rate by two to onequarter of such mandates; fractions should be rounded to the figure 1,irrespective of their size.

(4) In the same constituency, a political party, political alliance, or electoralalliance may only propose a single candidates’ list for each of the Parliament’sChambers. The political parties from political alliances or electoral alliancesmay only participate in the elections on that alliance’s lists. A political partymay only belong to a single political alliance or electoral alliance.

(5) Candidates’ lists shall also comprise the candidates’ politicalmembership, as far as political alliances and electoral alliances are concerned.

(6) An independent candidate may participate individually in theelections if he/she should be supported by at least 5% of the total numberof voters in the permanent electoral lists of the localities located in theconstituency where he/she stands for election. No independent candidaciesshall be admissible on the candidates’ lists submitted by political parties,political alliances, or electoral alliances. No independent candidates’ lists shallbe admissible either.

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(7) The President of Romania, in office on the date of the election forthe Chamber of Deputies and the Senate, if he should be in the last 3 monthsof his term of office, may run as an independent candidate on the lists ofa political party, political alliance, or electoral alliance, for a deputy’s orsenator’s mandate. If he is elected deputy or senator, after validation, thePresident of Romania shall be bound to choose between the deputy’s orsenator’s position and that of president.

(8) A person may run either for a deputy’s mandate or a senator’smandate in a single constituency.

(9) Candidacies on several candidates’ lists, or both on a list and as anindependent candidate shall be rightfully null. Such nullity shall berecorded in a decision by the election bureau of that constituency or, as thecase may be, by the Central Election Bureau.

(10) The organisations of citizens belonging to national minorities maychoose to submit the same candidates’ list for the Chamber of Deputies inseveral constituencies.

AArrttiiccllee 66. – (1) Political parties and political alliances may only becomeassociated at a national level, based on a protocol, by establishing anelectoral alliance, for the purpose of participating in the elections for theChamber of Deputies and the Senate. A political party or political alliancemay only belong to a single electoral alliance. An electoral alliance havingparticipated in the previous elections under a denomination may only keepthat denomination if it has not changed its original composition. Also, thatdenomination may not be used by another alliance.

(2) The protocol for the establishment of an electoral alliance shall besubmitted to the Central Election Bureau within 48 hours of itsestablishment.

(3) The Central Election Bureau shall rule, in an open session, on theacceptance or rejection of the protocol establishing an electoral alliance,within 24 hours of it being submitted.

(4) The decision of the Central Election Bureau to admit the protocolestablishing an electoral alliance may be contested by any interested naturalor legal person before the High Court of Cassation and Justice, within 24hours of it being pronounced.

(5) The decision by the Central Election Bureau to reject the protocolestablishing an electoral alliance may be contested by the protocol signatoriesbefore the High Court of Cassation and Justice, within 24 hours of it beingpronounced.

(6) The High Court of Cassation and Justice shall rule on the petitionsstipulated under paragraphs (4) and (5) within 24 hours, by means of a finaland irrevocable judgement.

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(7) The other provisions of the present law regarding political alliancesshall apply accordingly to electoral alliances, too.

AArrttiiccllee 77. – (1) The election date shall be established and made publicby the Government at least 45 days before the voting date and no later than5 days from the date on which the term stipulated under article 63 (2) ofthe Constitution of Romania, republished, starts to elapse.

(2) The elections shall take place in one single day, which may only bea Sunday.

(3) The number of the ballot in the voter’s card shall be established andmade public by the Government together with the election date, and shallbe the same all over the Romanian territory.

The election date shall be made public in the Official Gazette ofRomania, part I, as well as in the print and broadcast media.

CHAPTER IIElectoral lists and voter’s cards

Section 1Electoral lists

AArrttiiccllee 88. – The electoral lists shall comprise the citizens entitled to vote.They shall be permanent or special.

AArrttiiccllee 99. – (1) Permanent electoral lists shall be drawn up per localitiesand shall comprise all the citizens entitled to vote who reside in thelocality where the lists have been drawn up.

(2) The mayor of an administrative-territorial unit shall have thepermanent electoral lists drawn up and updated along with the computer-based population record services within the structure of the Ministry ofAdministration and of the Interior.

(3) Permanent electoral lists shall be drawn up, for the communes, pervillages and, as the case may be, per streets, if the latter have names, andfor towns, municipalities and administrative-territorial subdivisions ofmunicipalities, per streets, in alphabetical order.

(4) Permanent electoral lists must comprise, in the order of the numberof the buildings where voters live, the latter’s full names, personal codenumbers, residence, denomination, serial number of the ID paper, as well asthe constituency’s number.

(5) Permanent electoral lists shall be drawn up in two original copies,signed by the mayor and the head of the computer-based population recordservice. A copy shall be handed over to the secretary of the administrative-territorial unit for safe keeping, and the other to the court of first instancehaving jurisdiction over the locality for which the list has been drawn up.

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Permanent electoral lists shall be kept in special books with detachablesheets.

AArrttiiccllee 1100. – (1) The mayor, along with the computer-based populationrecord services, shall update the permanent electoral lists, drawn upaccording to article 9, on an annual basis, by 1 March, and shall notify allupdates operated in the lists to the court of first instance, within 15 daysat the latest. In the year when elections take place, the list updating shallbe done within 15 days, at the latest, of the date of establishing the electionday.

(2) Deceased persons shall be struck off the permanent electoral list bythe mayor of the administrative-territorial unit where they had their lastresidence. The striking off shall be based on a communication made by thecomputer-based population record service having recorded the death, within24 hours of its registration.

(3) Persons having lost their Romanian citizenship shall be struck off thepermanent electoral list, based on a communication sent to the mayor bythe Ministry of Justice.

(4) Persons having lost their electoral rights shall be struck off thepermanent electoral list, based on a communication sent to the mayor bythe court of law, within 5 days of the court decree being final.

AArrttiiccllee 1111. – (1) Each voter shall only appear on a single permanentelectoral list.

(2) Registration in the permanent electoral lists shall be mandatory. Whena person changes his/her residence, the competent authority in charge ofrecording that change shall be bound to notify to the mayor, ex officio, thedata needed for that citizen’s registration in the electoral list at his/her newresidence and for striking off the electoral list of his/her former residencelocality.

AArrttiiccllee 1122. – Special electoral lists shall be drawn up in the eventsstipulated by the present law and shall comprise the voter’s full name,residence, denomination, and serial number of his/her ID paper. Listsshall be signed by the president of the polling station election bureau wherethese were drawn up. Lists shall be written legibly and shall include all thedata stipulated in the present article.

AArrttiiccllee 1133. – (1) Voters shall be entitled to check whether they areregistered in the permanent electoral lists. For this purpose, the mayor shallbe bound to make available the permanent electoral lists to the voters, forexamination, and to organise events aimed at informing and guiding votersso they can make the necessary checks. Objections against omissions,mistaken data, or any other errors in the lists shall be filed in writing withthe mayor’s office, and the latter shall be bound to take a stand in thatmatter, in writing, no later than 3 days from the objection being filed.

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(2) A petition may be filed against the solution issued by the mayor, within5 days of notification. The petition shall be solved no later than 10 days fromit being filed, by the court of first instance having jurisdiction over the voter’sresidence.

(3) In the case of voters appearing in special electoral lists, objections shallbe solved, on the spot, by the president of that polling station election bureau,and petitions, by the court of first instance having jurisdiction over thelocation of the election bureau of the polling station that has drawn up thelist. The judgement shall take place immediately. The court decree shall befinal and irrevocable, being notified to the polling station election bureauas soon as it is delivered.

(4) Objections filed regarding the special lists abroad shall be solved bythat polling station election bureau, and petitions, by the head of thediplomatic mission in that country or his locum-tenens. The decision shallbe final.

AArrttiiccllee 1144. – (1) The mayors, together with the computer-based populationrecord services, shall have copies made of the permanent electoral lists,comprising the voters in each polling station. The copies of the permanentelectoral lists shall be handed over by the mayor, based on a written report,to the president of each polling station election bureau, 3 days before theelection date. One copy shall be made available to voters for examination,and the other shall be used on election day. A copy shall be kept by themayor.

(2) Any discrepancy between the permanent electoral list and the copydrawn up according to paragraph (1) shall be solved by the mayor, on thespot, based on the data comprised in the permanent electoral list.

(3) Any change occurred in the permanent electoral list, after the copy hasbeen handed over to the polling station election bureau, shall be notified tothe latter at once by the mayor.

(4) The copies of permanent electoral lists shall be signed by the mayor,the secretary of the administrative-territorial unit, and the head of thecomputer-based population record service.

(5) The copies drawn up according to paragraph (1) shall comprise: thevoter’s full name, personal code number, residence, denomination, serialnumber of the ID paper, number of the constituency, number of thepolling station, as well as a box for the voter’s signature.

AArrttiiccllee 1155. – No later than 10 days from setting the election date,according to the provisions of article 7 (1) and (2), the mayor shall be boundto make available copies of the permanent electoral lists to the politicalparties, political alliances, and electoral alliances, at their request andexpenses.

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AArrttiiccllee 1166. – The models of the permanent electoral list and of the specialelectoral list shall be set by Government decision.

Section 2Voter’s cards

AArrttiiccllee 1177. – (1) The exercise of one’s right to vote shall be based on thevoter’s card, issued under the terms of the present law. Romanian citizensabroad may also vote without a voter’s card, based on their diplomatic,business, ordinary, or consular passports, on which the president of thepolling station election bureau shall affix the stamp with the mention“Voted”, stating the full date of the ballot.

(2) The form, content, issuance, and use of the voter’s cards, as well asthe expenses for printing and distributing them, shall be set out byGovernment decision, following the proposal by the Ministry ofAdministration and Of the Interior and the Permanent Election Authority.

(3) A voter may only receive and hold one voter’s card.AArrttiiccllee 1188. – (1) Voter’s cards shall be permanent and valid for all

national elections, according to the number of ballots they include. Voter’scards shall be issued to the citizens appearing in the permanent electorallists of their residence localities.

(2) The voter’s card shall only be kept and used by the holder. The voter’scard may only be retained in the event of a criminal investigation made inconnection with election organisation and progress.

AArrttiiccllee 1199. – (1) The voter’s card shall be prepared by the Ministry ofAdministration and of the Interior, by means of the computer-basedpopulation record services in charge of the locality where the voter hashis/her residence.

(2) The voter’s card shall only be issued based on the ID paper, to theholder alone, and under his/her signature, being supplied by the Ministryof Administration and of the Interior, by means of the computer-basedpopulation record services.

(3) After the permanent electoral lists are updated, according to article10 (1), the preparation and issuance of voter’s cards for citizens who turned18 by 1 March, or those who turn that age by the election date inclusive, shalltake place according to the provisions of paragraphs (1) and (2).

(4) Objections to the preparation or issuance of voter’s cards shall besolved by the computer-based population record service, which shall bebound to make a decision no later than 3 days from the objection being filed.

(5) The solution given by the computer-based population record servicemay be contested before a court of first instance within 24 hours of itsnotification, the provisions of article 13 (2) applying accordingly.

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(6) The records of voter’s cards shall be kept by the Ministry ofAdministration and of the Interior, by means of the computer-basedpopulation record services.

AArrttiiccllee 2200. – (1) If the voter’s card should be lost or destroyed, aduplicate may be issued by the computer-based population record serviceswithin the structure of the Ministry of Administration and of the Interior.Duplicate issuance shall be mentioned in the permanent electoral list.

(2) Duplicate issuance shall take place at the holder’s request and uponhis/her responsibility. The original document pronounced lost or destroyedshall be rightfully null.

CHAPTER IIIPolling stations

AArrttiiccllee 2211. – Polling stations shall be organised as follows:a) in towns, one polling station for every 1,000–2,000 inhabitants;b) in communes, one polling station for every 500-2,000 inhabitants;

polling stations shall be organised, as a rule, in every village; pollingstations may also be organised in villages or village groups with a populationof up to 500 inhabitants.

AArrttiiccllee 2222. – (1) Polling stations may be organised next to militaryunits, as well as in hospitals, maternities, sanatoriums, homes for disabledpersons, medical care and recovery centres for adult disabled persons,and nursing homes, where at least 25 citizens entitled to vote are present.

(2) Polling stations may also be organised in railway stations, in busterminals, in ports and airports, for voters who are travelling on electionday.

(3) For full-time college students and school students entitled to vote whodo not reside in the locality where they attend classes, a polling station shallbe organised in students’ hostels, for 250-1,000 voters.

(4) At the polling stations organised in military units, only conscriptsbelonging to such units shall vote, and at those for college and schoolstudents, only the college and school students from education units locatedin that district.

AArrttiiccllee 2233. – (1) A polling station shall be organised next to eachdiplomatic mission and consular office of Romania for voters who aremembers of the diplomatic representation office and their families, as wellas for the Romanian citizens living in Romania or abroad who are in thosecountries on election day. The polling stations stipulated by the presentparagraph shall belong to Bucharest municipality constituency.

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(2) On ships under a Romanian flag which are navigating on election day,as well as on offshore platforms, polling stations shall be organised whichbelong to the constituency of the location of ship registration, or theconstituency where the offshore platform is registered, respectively.

(3) The head offices of the polling stations stipulated under paragraph(1) shall be organised and supplied by the Ministry of Administration andof the Interior. To that effect, the Ministry of Public Finance shall allocatethe necessary funds.

AArrttiiccllee 2244. – Voters shall vote both for the Chamber of Deputies and theSenate, at the same polling station.

AArrttiiccllee 2255. – (1) The delimitation of polling stations shall be establishedby the mayors of communes, towns, municipalities, or administrative-territorial subdivisions of municipalities, by means of orders, and shall benotified to prefects 5 days after the election date has been set.

(2) 10 days after the election date has been set, prefects shall be boundto number the polling stations within their counties and to make public thedelimitation and numbering of each polling station, by means of publicationswhich shall also state the place of voting.

(3) Polling stations within one constituency shall be numbered,irrespective of the kind of locality, starting with the municipality that is thecounty capital and going on with those in the other municipalities, towns,and communes, in the alphabetic order of each category; in municipalitieshaving administrative-territorial subdivisions, numbering shall be done inobservance of the chronological order of the subdivisions, as stipulated bythe law.

(4) The mayors and secretaries of communes, towns, municipalities, andadministrative-territorial subdivisions of municipalities shall be bound toprovide all the data, information, and support needed so the prefects canmeet the obligations stipulated under paragraph (2).

(5) The polling stations stipulated under articles 22 and 23 shall beestablished as follows:

a) by the prefect, together with the commanding officer of the garrison,as far as polling stations next to military units are concerned;

b) by the mayor, together with the heads of education institutions, as faras full-time college students and school students entitled to vote areconcerned;

c) by the mayor, together with the heads of the health and social workinstitutions stipulated under article 22 (1);

d) by the Ministry of Foreign Affairs, as far as the polling stationsstipulated under article 23 (1) are concerned;

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e) by the prefect, together with the Ministry of Transport, Building andTourism, as far as the polling stations stipulated under article 22 (2) areconcerned;

f) by the prefect, together with the ship-registration harbour masters, asfar as the polling stations stipulated under article 23 (2) are concerned.

CHAPTER IVPermanent Election Authority and election bureaux

Section 1Permanent Election Authority

AArrttiiccllee 2266. – The Permanent Election Authority shall operate with a viewto ensuring the logistic conditions needed for the strict implementation ofthe provisions of the law regarding the exercise of the right to vote, as wellas the adequate conditions for a proper progress of the voting operations.

AArrttiiccllee 2277. – (1) The Permanent Election Authority shall be an autonomousadministrative institution, acting as a legal entity of general competence, thatmakes sure the provisions of the law on the organisation and holding ofelections or other national or local consultations are implementedconsistently, between two election intervals. The Permanent ElectionAuthority shall monitor and support polling station supply with thenecessary logistics, as well as the implementation of typical operationsbetween two election intervals.

(2) For the purpose of the present law, election interval shall mean theperiod of time starting on the date the election day is made public, andending after the official communication of election results. The electioninterval shall comprise the period of time between the date on which theelection day is made public and the date when the electoral campaign starts,the electoral campaign, the actual voting process, the counting andcentralisation of ballot papers, the ascertainment of voting results, thedistribution of mandates, and the publishing of election results in the OfficialGazette of Romania, Part I.

(3) The Permanent Election Authority shall be headed by a president,acting as a minister, helped by two vice-presidents, acting as secretaries ofstate.

(4) The president shall be appointed by means of a decision passed ina joint meeting of the Chamber of Deputies and the Senate, based on theproposal by parliamentary groups, from amongst personalities who have agood training and experience in the legal or administrative field. Thecandidate having won the majority of the deputies’ and senators’ votes shallbe appointed as a president.

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(5) The president shall be helped by two vice-presidents acting assecretaries of state, one appointed by the President of Romania, and the otherby the Prime Minister.

(6) The president and the vice-presidents may not be members of apolitical party.

(7) The terms of office of the president and vice-presidents of thePermanent Election Authority shall be 8 years each and may only berenewed once.

(8) The president’s or vice-presidents’ terms of office shall cease underthe following circumstances:

a) expiry of the term of office;b) resignation;c) removal;d) death.(9) The president and vice-presidents may be removed from their

position, for good reasons, by the authorities having appointed them.(10) Based on the advice by the Ministry of Public Finance, the Permanent

Election Authority shall approve its own draft budget, before the debates onthe state budget, and shall forward it to the Government so that it may beincluded in the state budget. Inclusion of capital expenditures in its ownbudget shall be done after consultations with the Government.

(11) The president of the Permanent Election Authority shall be a maincredit manager. In compliance with his powers, the president shall issueorders.

(12) The Permanent Election Authority shall have a secretary generalappointed by the Prime Minister, following a contest, under the law.

(13) In the absence of the president, his powers shall be assumed by oneof the vice-presidents, appointed by order.

AArrttiiccllee 2288. – (1) The Permanent Election Authority shall have its ownspecialised personnel.

(2) The organisation and functioning of the Permanent ElectionAuthority’s own personnel, number of positions, statutes of the personnel,their duties and organisational structure shall be set forth in theorganisational and functioning regulations, approved by Governmentdecision, following the proposal by the Permanent Election Authority. ThePermanent Election Authority personnel shall have the same statutes as thepersonnel of the two Chambers of the Parliament. In the organisation andfunctioning of its own personnel, there shall be no application of theprovisions of article XVI, title III, book II of Law no. 161/2003 on certainsteps taken to ensure transparency in the exercise of public dignities,

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public offices and in the business area, the prevention and sanctioning ofcorruption.

(3) The Permanent Election Authority may have regional branches in eachof the development regions. The establishment of regional branches, thenumber of positions, their duties and relationships with the PermanentElection Authority shall be established in the latter’s organisation andfunctioning regulations.

(4) The wages of the Permanent Election Authority specialised personnelshall observe the level stipulated by the law for the personnel of the twoChambers of the Parliament.

AArrttiiccllee 2299. – (1) The Permanent Election Authority shall exercise thefollowing main powers in the interval between two elections:

a) working out proposals aimed at ensuring the logistics needed forelection progress, which shall be sent to the Government and the local publicadministration authorities, and monitoring how such proposals are beingcarried out;

b) monitoring how the locations of polling stations and of the electionbureaux headquarters are being established;

c) monitoring and making sure the typical supplies for polling stations,such as standard ballot boxes and booths, stamps, ink pads, containers forballot papers transport and the like, have been provided in due time;checking how all these are being kept between election intervals;

d) making sure the necessary funding is provided for the timely andgradual obtaining of the logistics needed for the voting process;

e) preparing protection systems for polling stations, ballot papers andother documents and materials typical of the election interval;

f) monitoring and checking that the permanent electoral lists are beingdrawn up and updated, and how the records comprising the permanentelectoral lists are being kept, as well as how the notifications stipulated bythe law are being made and how they are being implemented, in due time,in the electoral lists;

g) monitoring how the voter’s cards are being printed and issued incompliance with the permanent electoral lists;

h) monitoring and checking that the agreement between the content ofthe permanent electoral lists existing with the town councils and thecopies filed with the courts of first instance is ensured;

i) making sure, within the limits of its competence, there is an equalimplementation of the provisions of the law concerning election organisation;

j) drawing up studies and proposals aimed at improving the electionsystem, that it makes public and submits to the public authorities, politicalparties, as well as other interested non-governmental organisations;

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k) submitting to the Parliament, no later than 3 months from theclosure of elections for the Chamber of Deputies and the Senate, for thePresident of Romania and the authorities of local public administration, orof a national referendum, a report on the organisation and progress of theelections or of the referendum, respectively, comprising references to theparticipation in the ballot, the progress of voting, the departures anddrawbacks found, including legislative ones, and the results of the elections.The report shall be made public as a White Book;

l) preparing information and instruction materials and programmes forthe voters, about the Romanian election system and the compliance withthe election deontology, and making sure these are popularised;

m) preparing specific instruction programmes in election matters, for themayors and secretaries of administrative-territorial units, as well as for thepersons who may become members of the election bureaux, and organisingthe implementation of such programmes together with the NationalAdministration Institute and the regional branches;

n) preparing programmes and setting down unitary rules on the exerciseof the right to vote by illiterate or disabled persons, and making sure suchrules are popularised;

o) drawing up its own draft budget, to be approved by the state budgetlaw;

p) drawing up the list of the specialised personnel certified by theNational Statistics Institute who participate in data centralisation andprocessing and in finding election results;

q) supporting the establishment of the material base typical of thenationwide information system, needed for establishing election results;

r) organising tenders with a view to selecting the computer software tobe used by the Central Election Bureau for the centralisation of electionresults;

s) drawing up and submitting to the Government, for approval, togetherwith the Ministry of Administration and of the Interior, the timetable of theactions for the election interval;

t) drawing up and submitting to the Government, for approval, togetherwith the Ministry of Administration and of the Interior, the draft decisionstypical of a proper organisation and holding of the elections;

u) drawing up draft statutory instruments for the improvement andperfecting of the Romanian election system, to be submitted to theGovernment for analysis and the exercise of the right to legislative initiative;

v) submitting to the Government for approval, together with the Ministryof Public Finance and the Ministry of Administration and of the Interior,the draft Government decision on the approval of the expenditures needed

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for the organisation and holding of the elections; the decision shall beapproved no later than 5 days after the election day has been made public;

w) certifying as unnecessary to change, 10 days before the election date,the software selected following the tender organised according to theprovisions of the laws in force and making it available to the partiesparticipating in the electoral competition, following their request;

x) keeping records of the communes, towns, municipalities, and Bucharestmunicipality districts where there are vacancies for the mayor’s position orwhere the local councils have been dissolved, and making proposals to theGovernment for setting the date for the organisation and holding of the newelections;

y) supporting the organisation and holding of partial elections.(2) The Permanent Election Authority shall submit an annual report on

its activity to the Parliament.(3) The Permanent Election Authority shall carry out any other duties

stipulated by the law.(4) In carrying out its duties, the Permanent Election Authority shall adopt

decisions and instructions, which are to be signed by the president andcounter-signed by the vice-presidents. The decisions by the PermanentElection Authority shall be published in the Official Gazette of Romania, PartI, and shall be mandatory to all bodies and authorities acting in theelection field.

Section 2Election bureaux

AArrttiiccllee 3300. – (1) The Central Election Bureau, the constituency electionbureaux, and the polling station election bureaux shall be established forthe organisation and holding of specific election operations.

(2) Election bureaux shall only be comprised of citizens eligible to vote.Candidates, their spouses, relatives, and the latter’s relatives up to the secondlevel inclusive may not be members of election bureaux.

(3) In carrying out their duties, the members of the election bureaux shallexercise a position that involves state authority. The fair and unbiasedexercise of the position of election bureau member shall be mandatory. Thefailure to comply with this obligation shall entail legal, civil or criminalliability, as the case may be.

AArrttiiccllee 3311. – (1) The Central Election Bureau shall be comprised of 7judges from the High Court of Cassation and Justice, the president and vice-presidents of the Permanent Election Authority, 16 representatives of thepolitical parties and their alliances that participate in the elections, as well

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as a representative designated by the parliamentary group of nationalminorities in the Chamber of Deputies.

(2) The designation of the 7 judges shall be done by the president of theHigh Court of Cassation and Justice, in an open meeting, within 5 days ofthe setting of the election date by drawing lots, from amongst the sittingjudges of the Court. The date of the open meeting for drawing lots shall benotified in writing to the parliamentary political parties by the president ofthe High Court of Cassation and Justice, two days before the date of itsholding, and shall be made public by means of the print and broadcast media.A representative of each parliamentary party, designated as such, shall beentitled to participate in the organisation and holding of the drawing of lots.The result of drawing lots shall be recorded in a written report, signed bythe president and the chief consultant of the High Court of Cassation andJustice. The written report shall represent the investing deed.

(3) Within 24 hours of being invested, the designated judges shall electthe president of the Central Election Bureau and his locum-tenens fromamongst them, by secret ballot. Within 24 hours of the election of the CentralElection Bureau president, the bureau shall be completed with the presidentand vice-presidents of the Permanent Election Authority, one representativeof each parliamentary political party, as well as the representative designatedby the parliamentary group of national minorities in the Chamber ofDeputies. The completion of the Central Election Bureau shall be recordedin a written report that represents the investing deed. In this composition,the Central Election Bureau shall carry out all the duties incumbent on itunder the present law.

(4) Two days after the candidacies have become final, the politicalparties which are not represented in the Parliament, the political alliancesand the electoral alliances between such parties that participate in theelections shall notify the full names of their representatives, in writing, tothe Central Election Bureau. Notifications sent after this term shall no longerbe taken into consideration.

(5) The designation of the representatives of non-parliamentary politicalparties, political alliances and electoral alliances between such parties to theCentral Election Bureau shall be done in the decreasing order of thenumber of candidates’ lists centralised according to article 32 (1) d).

(6) The persons who act as representatives of a non-parliamentarypolitical party, political alliance or electoral alliance between such partiesin the Central Election Bureau shall be set out in the order mentioned inthe notification stipulated under paragraph (4).

(7) If, on the designation of the representatives of non-parliamentarypolitical parties, political alliances or electoral alliances between such

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parties, the last seat to be distributed comes to parties or alliances that havesubmitted the same number of lists, the designation of their representativesshall be done by the president of the Central Election Bureau, by drawinglots, in the presence of the persons delegated by the political parties,political alliances, or electoral alliances in question.

(8) The completion of the Central Election Bureau with the representativesof non-parliamentary political parties, political alliances, and electoralalliances shall be done, within 24 hours of the expiry of the term stipulatedunder paragraph (4), by the president of the Central Election Bureau, in thepresence of the bureau members and the persons delegated by the politicalparties, political alliances, and electoral alliances having sent notificationsabout such representatives. The written report drawn up by the presidenton how the representatives have been established shall represent the deedcertifying their status as members of the Central Election Bureau.

(9) In the composition stipulated under paragraph (3), within two daysof its constitution, the Central Election Bureau shall adopt its organisationand functioning regulations, to be published in the Official Gazette ofRomania, Part I, which shall be mandatory to all election bureaux.

(10) The working personnel of the Permanent Election Authority shallsupport the Central Election Bureau, together with the personnel belongingto other public authorities and institutions, in carrying out their duties andactivities during the election interval.

AArrttiiccllee 3322. – (1) The Central Election Bureau shall have the following mainpowers:

a) seeing to it that the permanent electoral lists are being updated,monitoring the implementation of the provisions of the law on the electionsthroughout the country, and making sure they are interpreted andimplemented consistently;

b) making sure that the list comprising the denomination and electoralsigns of the lawfully established political parties, political alliances, electoralalliances, and organisations of citizens belonging to national minorities thatare entitled to participate in the elections shall be published in the OfficialGazette of Romania, Part I, and notifying the list to all constituency electionbureaux right after they have been set up;

c) solving objections regarding its own activity and petitions as far as theactivity of constituency election bureaux is concerned; petitions shall be solvedby means of decisions that are mandatory to the election bureau in question,as well as to the public authorities and institutions it refers to, under thesanctions stipulated in the present law;

d) centralising, based on the notifications received from the constituencyelection bureaux, the number of full lists with final candidacies submitted

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by the political parties, political alliances, electoral alliances, and organisationsof citizens belonging to national minorities; notifying the centralised report,within 24 hours of its preparation, to the Special Commission of theChamber of Deputies and the Senate for granting air time, as well as to theRomanian Television Company and the Romanian Radio Company;

e) receiving the written reports comprising the number of ballots validlycast for each candidates’ list from the constituency election bureaux, andfinding whether there are political parties, political alliances, or electoralalliances that have not met the electoral threshold stipulated under article90 (2); notifying the list of political parties, political alliances, or electoralalliances that have not met the electoral threshold to the constituency electionbureaux and making it public within 24 hours of finding the facts;

f) checking and recording election results, summing for the entirecountry the unused ballot papers not used for each political party, politicalalliance or electoral alliance that meets the condition stipulated under pointe), and making sure the mandates due to them are distributed in acentralised manner and per constituencies;

g) certifying the assignment of a deputy’s mandate to the organisationof citizens belonging to national minorities having met the conditionsstipulated under article 4 and issuing the certificate proving this to thedeputy designated on such basis;

h) cancelling the elections in a constituency when finding that the votingor ascertainment of election results has been based on fraud liable to modifymandate distribution, and ordering a new suffrage;

i) possibly ordering the re-counting of votes in a polling station or there-doing of votes centralisation and election results in a constituency, whenfinding, based on good evidence, that errors were made or discrepancies werefound in the data appearing in the written reports;

j) sending the materials needed for drawing up the White Book of theelections to the Permanent Election Authority, after the election results havebeen published in the Official Gazette of Romania, Part I.

(2) The Central Election Bureau shall carry out any other dutiesincumbent upon it under the law.

(3) By full list with final candidacies one shall understand the list thatcomprises the maximum number of candidates, set out under article 5 (3).

(4) If, for the solution of a dispute, actual checks are needed, such checksshall be carried out in the presence of a judge from the Central ElectionBureau. Such checks can- not be carried out on election day.

(5) The petition for cancelling the elections in a constituency for electoralfraud may only be made by the political parties, political alliances, electoralalliances, or independent candidates having participated in the elections. The

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petition shall be filed with the Central Election Bureau, no later than 48hours after the voting is closed, otherwise it shall be disregarded. The petitionshall be based on solid grounds and accompanied by the evidence it is basedon. The lack of evidence shall cause the petition to be rejected. A petitionmay only be admitted if the person having revealed the facts is notinvolved in the fraud and if it is established that such fraud was liable tomodify the mandate distribution. The provisions of paragraph (4) shall applyaccordingly. The solution of the petition for election cancellation by theCentral Election Bureau may only be made before the date of the electionresults being published in the Official Gazette of Romania, Part I.

(6) By electoral fraud one shall understand any unlawful action takingplace before, during, or after the voting is closed, or during ballot countingand drawing up the written reports, and the result of which is the alterationof the voters’ will and the creation of advantages seen in additional ballotsand mandates for a political party, political alliance, electoral alliance, orindependent candidate.

(7) In the exercise of its powers under the provisions of the present law,the Central Election Bureau shall adopt decisions to be made public in openmeetings and using any publicity means. The decisions by the CentralElection Bureau shall be mandatory to all public authorities and institutions,election bureaux, as well as to all bodies involved in election matters, fromthe date they are made public in open meeting.

(8) The decisions by the Central Election Bureau offering interpretationsof some provisions of the present law shall be published in the OfficialGazette of Romania, Part I.

(9) The Central Election Office shall cease its activity after the election resultshave been published in the Official Gazette of Romania, Part I, according to theprovisions of the present law.

AArrttiiccllee 3333. – (1) A constituency election bureau shall be comprised of 3judges and no more than 10 representatives of the political parties, politicalalliances, electoral alliances, or organisations of citizens belonging tonational minorities that participate in the elections in the constituency wherethe election bureau functions.

(2) The designation of the judges shall take place in open meeting, nolater than 5 days after the election date has been set, by the tribunal’spresident, after drawing lots, from amongst the sitting judges. The tribunal’spresident shall make public the date of the meeting in the press, at least24 hours in advance. Drawing of lots shall be done per positions: presidentand locum-tenens, being recorded in a written report, signed by thetribunal’s president, which shall represent the investing deed. Theconstituency election bureau thus established shall carry out all the duties

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incumbent on it under the present law, and shall be completed with therepresentatives of the political parties, political alliances, and electoralalliances participating in the elections.

(3) Within two days of the date candidacies have become final, thepolitical parties, political alliances, and electoral alliances shall notify inwriting, the full names of their representatives to the constituency electionbureaux. Notifications sent after this term shall no longer be taken intoconsideration.

(4) The designation of the representatives of political parties, politicalalliances, and electoral alliances in a constituency election bureau shall bedone in the decreasing order of the weight of the number of finalcandidacies from each political party, political alliance, or electoral alliancein the total number of final candidacies in that constituency, cumulated forthe Senate and the Chamber of Deputies.

(5) The completion of the election bureau with the representatives ofpolitical parties, political alliances, or electoral alliances shall take placewithin 24 hours of the expiry of the term stipulated under paragraph (3).If several political parties, political alliances, or electoral alliances havesubmitted the same number of candidates, the designation of therepresentatives shall take place after the president of the constituencyelection bureau draws lots, in the presence of the delegates of the politicalparties, political alliances, or electoral alliances in question.

AArrttiiccllee 3344. – (1) The main powers of the constituency election bureauxshall be as follows:

a) seeing to it that polling stations are established on time, monitoringand providing the equal implementation of and compliance with theprovisions of the law on elections by all authorities, institutions and bodiesinvolved in the field of elections within that county;

b) recording candidacies submitted and finding that they are final;c) seeing to it that the provisions of the law on publishing and posting

candidates’ lists and independent candidacies are met;d) solving objections regarding their own activity and petitions concerning

the operations of the polling station election bureaux or, as the case maybe, of the election offices within the constituency where they operate;petitions shall be solved by means of decisions that are mandatory to theelection bureau in question, as well as to the public authorities andinstitutions they refer to, under the sanctions stipulated by the present law;

e) distributing, together with mayors, ballot papers, control stamps, andstamps with the mention “Voted” to the polling station election bureaux.Bucharest municipality constituency election bureau shall distribute suchmaterials to the election offices;

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f) totalling the election results received from the polling stations andsending to the Central Election Bureau the written report comprising thenumber of votes validly cast per each list of candidates and independentcandidates. Bucharest municipality constituency election bureau shall totalthe election results sent from the election offices and shall send the writtenreport comprising the number of votes validly cast per each list of candidatesand independent candidates to the Central Election Bureau;

g) finding the election results for that constituency and issuing thecertificate attesting to the election for the office of deputy or, as the casemay be, senator, based on the findings of the Central Election Bureauregarding the political parties, political alliances, or electoral alliances thatmeet the electoral threshold stipulated under article 90 (2); handing over thenull and contested ballots that have been received from polling stationelection bureaux, to the court of law, based on a written report;

h) sending to the Central Election Bureau the written reports comprisingthe election results, as well as the objections, petitions, and written reportsreceived from polling station election bureaux, and, in Bucharestmunicipality, from election offices;

i) sending to the Central Election Bureau the number of full listscontaining the final candidacies of each political party, political alliance,electoral alliance, and organisation of citizens belonging to nationalminorities, within 24 hours from the candidacies becoming final.

(2) Constituency election bureaux shall carry out any other duties thatare incumbent upon them under the law.

(3) The decisions of the election bureau shall be notified in openmeetings.

(4) If discrepancies should be found in the data contained in the writtenreports received from polling stations, the constituency election bureau shallrequest the president of the polling station election bureau in question andits members that accompanied him to make the necessary corrections,certified by their signatures and the affixation of the polling station stamp.

AArrttiiccllee 3355. – (1) Election offices shall be organised at the level ofBucharest municipality and shall comprise a president, his locum-tenens,and no more than 7 members, who are representatives of the political parties,political alliances, electoral alliances, and organisations of citizens belongingto national minorities that participate in the elections in Bucharestmunicipality.

(2) The president and his locum-tenens shall be magistrates designatedby the president of Bucharest Tribunal no later than 15 days before theelection date, by drawing lots, from amongst the sitting judges of thatdistrict’s court of first instance. The provisions of article 37 (6), (7), (8), (9),

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(10), and (11) shall apply accordingly. The date of the open meeting fordrawing lots shall be notified in writing to the parliamentary political parties,two days before the date of holding it, by the president of BucharestTribunal. A representative of each parliamentary political party shall beentitled to participate in the organisation and holding of the drawing of lots.

AArrttiiccllee 3366. – The powers of the election offices of Bucharest municipalitydistricts shall be as follows:

a) receiving the ballot papers, control stamps, and stamps with themention “Voted” from Bucharest municipality constituency election bureau,and distributing them to the polling station election bureaux in thatdistrict, with the help of district mayors;

b) totalling the election results received from the polling stations andsending the written report comprising the number of votes validly cast pereach list of candidates and per each independent candidate to the Bucharestmunicipality constituency election bureau;

c) solving objections regarding their own activity and petitions concerningthe operations of polling station election offices;

d) sending to the constituency election bureau the written reportscomprising the election results, as well as the objections, petitions, andwritten reports received from the polling station election bureaux.

AArrttiiccllee 3377. – (1) The polling station election bureaux shall be comprisedof a president, his locum-tenens, and no more than 7 members.

(2) The president and his locum-tenens shall be, as a rule, magistratesor other jurists, who are not members of any political party. The presidentand the locum-tenens shall be designated by the court president, no laterthan 10 days before the election date, by drawing lots. The magistrates’ listfrom which lots are being drawn shall be prepared by the court president,and that of the other jurists, by the prefect, together with the courtpresident and a representative from each parliamentary political party.

(3) If the number of jurists should be insufficient, the list shall becompleted by the prefect with other persons enjoying a good reputation withthe inhabitants and who belong to no political party.

(4) The list suggested by the prefect shall comprise a number of personsexceeding the necessary by 10%. The persons appearing on the list, who arenot designated as presidents or their locum-tenentes, shall remain at thedisposal of the court president, with a view to substituting the holders ofsuch positions in special cases. The list shall contain: the full names,addresses, telephone numbers, and acceptance signatures of the personsproposed.

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(5) Grouping persons on the list, for drawing lots, shall be done takinginto consideration the need for their addresses to be as near to the pollingstation election bureau as possible.

(6) Polling station election bureaux shall be established on the date oftheir members being designated.

(7) The members of the polling station election bureaux shall berepresented by a representative of each political party, political alliance,electoral alliance, and of the organisations of citizens belonging to nationalminorities that participate in the elections, in the decreasing order of thenumber of final candidacies, cumulated for the Senate and the Chamber ofDeputies, submitted in that constituency.

(8) With a view to designating the members of polling station electionbureaux, the president of the constituency election bureau shall notify thenumber of final candidacies of each political party, political alliance, andelectoral alliance to the presidents of the polling station election bureaux,within 24 hours of their designation according to paragraph (2). Politicalparties, political alliances, and electoral alliances shall be bound to notifythe full name of their representative in the election bureau to the presidentof the polling station election bureau, within the same time limit. Apolitical party, political alliance, or electoral alliance shall have no more than3 representatives in a polling station election bureau.

(9) If two or more political parties, political alliances, or electoralalliances should have the same number of candidates, their representativesshall enter the polling station election bureau within the limits of the seatsnot taken by the representatives of the political parties, political alliances,and electoral alliances found, according to paragraph (7), in a morefavourable position; if, after applying this provision, it is not possible forall representatives to be included in the composition of the polling stationelection bureau, the polling station president shall draw lots, in compliancewith the provisions of article 33 (5), which shall apply accordingly.

(10) If the political parties, political alliances, or electoral alliances havenot designated their representatives, or the number of representatives isinsufficient, the completion of polling station election bureaux shall be doneby the court president from the list stipulated under paragraph (4), bydrawing lots. If necessary, the list shall be completed with other personsmeeting the requirements of the law. If the bureau cannot be completed upto the number of members set out in the law, it may function with thenumber of designated members, but no less than 3.

(11) The designation of members of the polling station election bureaushall be done by the election bureau president, based on the notificationsstipulated under paragraph (8) or, as the case may be, on the provisions of

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paragraph (9), by means of a written report showing how the representativeshave been established, which shall represent the deed attesting to theircapacity as members of the polling station election bureau; the written reportshall be drawn up within 24 hours of the expiry of the term stipulated underparagraph (8), in the presence of the representatives of the interestedpolitical parties, political alliances, and electoral alliances, if they have sentone delegate each, for this purpose.

AArrttiiccllee 3388. – The powers of polling station election bureaux shall be asfollows:

a) receiving the copies of the permanent electoral lists sent according toarticle 14 (1), and, from the constituency election bureaux, the ballotpapers for the voters who are to vote at that polling station, the controlstamp, and the stamps with the mention “Voted”. In Bucharest municipality,the ballot papers, control stamp, and stamps with the mention “Voted” shallbe received from the election offices;

b) running the voting operations, and taking all the steps for ensuringthe necessary order in the polling station and around it;

c) numbering the ballot papers and recording the election results;d) solving objections regarding their own activity;e) sending the written reports comprising the election results, together

with the petitions submitted and the materials they refer to, to theconstituency election bureaux or, as the case may be, the election offices;

f) handing over, based on a written report, the ballot papers used anduncontested, as well as the cancelled ones, the electoral lists used, the stamps,and the other material needed for voting to the civil court having jurisdictionover them; the special electoral lists from the polling stations establishedat military units shall be handed over to the commanding officer of that unit,based on a written report;

g) as far as the polling stations established abroad are concerned, thematerials stipulated under point f) shall be handed over to the diplomaticmission in that country, which shall send them to the 1st district Civil Courtin Bucharest municipality.

AArrttiiccllee 3399. – (1) Election bureaux and offices shall function in thepresence of the majority of their members, and make decisions based onthe votes of the majority of the members present.

(2) In the event of an equal number of votes, the president’s vote shallprevail.

AArrttiiccllee 4400. – (1) The representatives of political parties, political alliances,and electoral alliances in the election bureaux may not receive or exerciseother duties than those stipulated in the present law.

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(2) For good grounds, accepted from case to case, the representatives ofpolitical parties in the election bureaux may be replaced, at the request ofthose having proposed them, based on the approval by the hierarchicallysuperior election bureau, until election day, and, in the event of death, illnessor accident, even on election day.

AArrttiiccllee 4411. – (1) The political parties, political alliances, and electoralalliances participating in the elections, as well as the independent candidatesmay contest the establishment and composition of election bureaux andoffices no later than 48 hours from the expiry of the term for theirestablishment or, as the case may be, for their completion.

(2) The petitions stipulated under paragraph (1) shall be solved by theconstituency election bureau, if they concern the polling station electionbureau, by the Central Election Bureau, if they concern the constituencyelection bureau, or by the High Court of Cassation and Justice, if they concernthe Central Election Bureau, no later than two days since they have beenfiled. The decision shall be final and irrevocable. In Bucharest municipality,petitions shall be solved by the election bureau, if they concern the pollingstation election bureau, or by the constituency election bureau, if theyconcern election offices.

AArrttiiccllee 4422. – (1) The election bureaux of the polling stations establishedabroad shall be comprised of a president, designated by the head of thediplomatic mission, and 2 members designated by the Central ElectionBureau president, after drawing lots, from a list prepared by the Ministryof Foreign Affairs, after consulting the parliamentary political parties.Grouping the persons in lists, for drawing lots, shall be done taking intoconsideration the need for the persons in question to have their residenceor to live in the locality where that polling station is being established oras near to it as possible.

(2) The president of the election bureau of polling stations establishedunder the terms of article 23 (2) shall be the locum-tenens of the ship’scommanding officer. The ship’s commanding officer shall designate 2members of the bureau by drawing lots.

AArrttiiccllee 4433. – Designation of election bureau presidents and of their locum-tenentes, as well as members shall be recorded in a written report actingas an investing deed.

CHAPTER VCandidacies

AArrttiiccllee 4444. – (1) The proposals for candidates shall be made perconstituencies and submitted to constituency election bureaux no later than30 days before the election date.

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(2) The political parties, political alliances, and electoral alliancesparticipating in the elections shall make the proposals for candidates, in 4copies, under the signature of their leadership or of the persons designatedto sign them, and, as far as independent candidates are concerned, basedon the list of supporters.

(3) The list of supporters shall comprise the election date, the candidate’sfull name, date of birth, address, denomination, serial number of his/herID paper, and supporters’ signatures, as well as the person having preparedthe list.

(4) The list of supporters shall constitute a public document, with all theconsequences stipulated by the law.

(5) Only citizens entitled to vote may be supporters.(6) A supporter may only support one candidate to the Chamber of

Deputies and to the Senate.(7) The supporters’ adherence shall be made on their own account.(8) The candidates’ list shall comprise the candidate’s full name with

father’s initial, address, place and date of birth, occupation and profession.The list shall be accompanied by the candidate’s olograph declaration ofcandidacy acceptance, as well as his/her declaration of assets, in twocopies, filled in and signed by the candidate, and a written statement,according to the criminal law, regarding his/her having acted or not as anagent or collaborator of the Securitate, operating as a political police.

(9) The acceptance declaration shall comprise the candidate’s full name,political membership, profession and occupation, his/her express consentto stand for elections, as well as the mention that he/she meets the termsstipulated by the law for doing this.

AArrttiiccllee 4455. – (1) The candidacy shall not be acceptable for persons who,on the date of candidacy submittal, do not meet the requirements stipulatedunder article 37 of the Constitution of Romania, republished, for beingelected.

(2) The prefects and deputy prefects who submit their candidacies fora deputy’s or senator’s mandate shall be rightfully suspended from theirpositions from the date of candidacy submittal and up to the officialcommunication of election results. During that time interval, the Governmentshall designate an interim prefect or, as the case may be, deputy prefect.Prefects and deputy prefects may not participate in electoral campaignactions. For the purpose of the present paragraph, electoral campaignactions shall be those stipulated under paragraph 55 (2).

AArrttiiccllee 4466.. – (1) The constituency election bureau shall examine whetherthe terms of the law are being met for a person to be accepted as acandidate, and accept the candidacies which meet such terms. The

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candidacies that do not meet the terms of the law shall be rejected by meansof a decision.

(2) Two copies of the candidacy proposal shall be kept with theconstituency election bureau. The other two copies, certified by theconstituency election bureau by means of its president’s signature, shall bereturned to the submitter; the latter shall file one of the copies returned tohim with the court of law having jurisdiction over the constituency for whichthe candidacy is being submitted. One of the copies of the declaration ofassets shall be kept with the constituency election bureau, and the other sentto the Senate or the Chamber of Deputies, as the case may be, andpublished on the chambers’ website pages.

AArrttiiccllee 4477. – (1) 20 days before the election date, citizens, politicalparties, political alliances, and electoral alliances may contest candidacies.

(2) For this purpose, within 24 hours of candidacy submittal, one of thecopies of the candidates’ list shall be posted by the constituency electionbureau at its headquarters.

(3) Petitions regarding the acceptance or rejection of candidacies shallbe solved by the court of law having jurisdiction over the constituency, nolater than two days from receiving the petition. The decision shall not benotified.

(4) An appeal may be lodged against the decision with the court of appeal,within 24 hours of its issuance. The appeal shall be solved within two daysof its lodging. The decision shall be final and irrevocable.

(5) Petitions regarding candidacy acceptance or rejection shall comprisethe contester’s full name, address and capacity, the candidate’s full name,an account of the petition grounds, the date and the contester’s signature,and, if applicable, the name of the person designated to represent him/her.

(6) The petition and the appeal petition shall be lodged with thecompetent court of law, under the sanction of nullity.

(7) After the terms stipulated under paragraph (1) have expired, adding,if necessary, the terms stipulated under paragraphs (3) and (4), theconstituency election bureaux shall find the final candidacies, based on awritten report, post the final candidacies at their headquarters, and orderthe printing of ballot papers.

CHAPTER VIBallot papers, election signs, and stamps needed

for votingAArrttiiccllee 4488. – Ballot papers shall be printed and stamps needed for

voting shall be made in observance of the models stipulated in appendixno. 2.

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AArrttiiccllee 4499. – (1) The dimensions of a ballot paper shall be set out by theconstituency election bureau, taking into consideration the number ofcandidates’ lists and independent candidates, and the space needed forprinting them.

(2) The paper for ballot papers shall be white, and thick enough to makesure no one can read on the back the printed name and the vote cast.

(3) On the inside pages of ballot papers, starting with page 2, enoughquadrilaterals shall be printed to comprise all the candidates’ lists, and allthe independent candidates, respectively, except for the last page, which hasto remain blank, so that the control stamp of the polling station may beaffixed to it; ballot papers pages shall be numbered.

(4) Ballot papers shall be stapled.(5) Quadrilaterals shall be printed parallel to each other, two columns

on the same page. Quadrilaterals shall be numbered, starting with the firstquadrilateral of the left column, the order number of which shall be 1, andgoing on with the first quadrilateral of the right-hand column, which shallbe numbered 2, and the numbering shall thus continue up to the lastquadrilateral.

(6) The full denomination, corresponding to the one established accordingto the decision of registration of that political party, political alliance,electoral alliance, or organisation of citizens belonging to national minoritiesthat participates in the elections or, as the case may be, the mention“Independent candidate” shall be printed on the upper left-hand corner ofeach quadrilateral, and the election sign on the upper right-hand corner.

(7) The candidates’ lists shall be printed in the quadrilaterals of eachballot paper; on the list, candidates shall be identified by their full names,and, in the case of alliances, by their political membership, too, and placedin the order set up by the political party, political alliance, or electoralalliance having submitted the list.

(8) In order to establish the order number on the ballot papers comprisingcandidates’ lists and independent candidates, the procedure shall be asfollows:

a) as a first step, the lists submitted by parliamentary political parties,political alliances, and electoral alliances shall be entered in the ballot paperquadrilaterals in the order resulting from the drawing of lots performed bythe Central Election Bureau president; the first list picked up from the boxshall be printed in the quadrilateral numbered 1; the second list picked upfrom the box shall be printed in the quadrilateral numbered 2. Printing shallcontinue until all the lists are exhausted;

b) as a second step, the lists submitted by the political parties that arenot represented in the Parliament, political alliances and electoral alliances,

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as well as the lawfully established organisations of citizens belonging tonational minorities, shall be printed in the next quadrilaterals of the ballotpaper, in the order resulting from the drawing of lots performed by thepresident of the constituency election bureau.

(9) The order established under paragraph (8) a) shall be valid for allconstituencies and notified by the Central Election Bureau to the constituencyelection bureaux within 24 hours of the drawing of lots.

(10) The drawing of lots stipulated under paragraph (8) shall take placein the presence of the political parties, political alliances, and electoralalliances that submit candidates’ lists.

(11) A distinct quadrilateral shall be printed for each independentcandidate, in the final part of the ballot paper, in the order of candidacyregistration with the constituencies.

AArrttiiccllee 5500. – (1) Election signs shall be decided on by each political party,political alliance, or electoral alliance, or independent candidate, and shallbe notified to the Central Election Bureau within 3 days of its setting.

(2) The election signs notified to the Central Election Bureau shall beclearly distinguished from those previously registered, and use of the samegraphic symbols shall be prohibited, irrespective of the geometric shape theyare included in. Political parties and alliances may use, as an election sign,the permanent sign declared on their registration with the BucharestTribunal.

(3) Election signs may not be contrary to the rightful order and goodmanners, and may not reproduce or combine the national symbols of theRomanian state, of other states, international organisations, or religious cults.An exception shall be that of political parties that are members ofinternational political organisations, as they shall be allowed to use thatorganisation’s sign as such or in a specific combination.

(4) The election signs used in the previous elections may only be usedby other political parties, political alliances, electoral alliances, or independentcandidates, with the written consent of those to whom they belonged, i.e.the parties having been members of the original alliance.

(5) If the same election sign should be claimed by several political parties,political alliances or electoral alliances, or independent candidates, the signshall be assigned to the benefit of the political party, political alliance,electoral alliance or the independent candidate that registered such sign first,and if no priority can be established, the sign shall be assigned by drawinglots performed by the president of the Central Election Bureau within 24hours of the expiry of the term stipulated under paragraph (1).

(6) Petitions regarding the registration of election signs shall be submittedwithin 24 hours of the expiry of the term stipulated under paragraph (1)

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or, as the case may be, under paragraph (5), and shall be solved by the HighCourt of Cassation and Justice no later than two days from registration. Thedecision shall not be communicated to the parties. The decision shall be finaland irrevocable and notified to the Central Election Bureau at once.

(7) The Central Election Bureau shall see to it that election signs are madepublic, by publishing them in the Official Gazette of Romania, Part I, oneday after the term stipulated under paragraph (1) has expired or, as the casemay be, after the court decree has become final and irrevocable, as well asthat all these signs are notified to constituency election bureaux so they canbe printed on the ballot papers.

AArrttiiccllee 5511.. – A political alliance or electoral alliance having participatedin the previous elections under a denomination may only keep it if it hasmaintained its original composition. That denomination may not be usedby another alliance.

AArrttiiccllee 5522. – (1) For an entire constituency, ballot papers shall beprinted in letters of the same size and font and using the same ink, in asmany copies as the number of voters in the constituency, with an extra 10%.

(2) The constituency election bureaux, under the supervisions of prefects,shall attend to the printing of ballot papers. Prefects shall be responsiblefor the printing of the necessary ballot papers at least 5 days before theelection date.

(3) Through the offices of prefects, a copy of the first print run for eachtype of ballot paper, from each constituency, shall be presented to thatconstituency election bureau’s members. Delegates of the political parties,political alliances, and electoral alliances that have no representatives in theelection bureau shall also be invited to the ballot paper presentation. Theballot paper presentation operation shall be recorded in a written report tobe signed by all the persons present. Possible objections shall be made onthe spot. Subsequent objections shall no longer be taken into consideration.Election bureau members and authorised delegates shall be entitled torequest the prefect to have the ballot papers reprinted if candidates’ names,election sign, or the denomination of political parties, political alliances, orelectoral alliances are misprinted or cannot be seen clearly.

AArrttiiccllee 5533. – (1) Ballot papers shall be taken over by the prefect, togetherwith the president of the constituency election bureau, based on a writtenreport, and shall be kept in special rooms, locked and sealed. Ballot papersshall be handed over to the presidents of the polling station electionbureaux, based on written reports, no later than the day preceding theelections. In Bucharest municipality, the president of the constituencyelection bureau shall distribute the ballot papers, at least two days beforethe election date, to the presidents of election offices, who shall hand them

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over to the presidents of polling station election bureaux on the daypreceding the election date. Ballot papers shall be handed over anddistributed in sealed packages of 100 copies each, based on a writtenreport.

(2) Two copies of the ballot papers shall be posted at the headquartersof courts of first instance as well as at the headquarters of each pollingstation, on the day preceding the election date, after they have beenendorsed and annulled by the president of the constituency election bureau.

AArrttiiccllee 5544. – At the written request of the political parties, politicalalliances, electoral alliances, or independent candidates that participate inthe elections, the constituency election bureau shall release to each of themtwo ballot papers, endorsed and annulled.

CHAPTER VIIElectoral campaign

AArrttiiccllee 5555. – (1) The electoral campaign shall start 30 days before theelection date, and shall end on the Saturday preceding the election date, at7.00 hours.

(2) In the electoral campaign, the candidates, political parties, politicalalliances, and electoral alliances, as well as the citizens shall be entitled toexpress their opinions freely and without discrimination, by means ofrallies, reunions, and marches, as well as by means of the print andbroadcast media. Rallies, reunions and marches may only take place basedon the authorisations stipulated by the law.

(3) The means used in the electoral campaign may not contravene to therightful order.

(4) Any commercial publicity procedure using the print and broadcastmedia for electoral propaganda purposes shall be prohibited.

(5) It shall be prohibited to organise electoral campaign actions like thosestipulated under paragraph (2) in military units and education institutions.

(6) During the electoral campaign, candidates shall benefit, withoutdiscrimination, from adequate spaces for meeting the voters. Such spacesmay be located at townhalls, in houses of culture, clubs and cinematheatres, based on agreements concerning the maintenance expenses.Spaces in schools and universities may also be used for meetings with thevoters, when classes are not being held.

AArrttiiccllee 5566.. – (1) The electoral campaign through the broadcastingprogrammes services, public or private, must serve the following generalinterests:

a) of the voters, who should receive correct information, so that they canvote on an informed basis;

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b) of the political parties, political alliances, electoral alliances,organisations of citizens belonging to national minorities, and candidates,who should be given the opportunity to introduce themselves and theirplatforms, political programmes and electoral offers to the public;

c) of the broadcasting companies, in exercising their rights and dutiesderiving from the journalist’s profession.

(2) Public and private broadcasting companies shall be bound to makesure, within the broadcasting programmes services, that an equitable, well-balanced, and fair campaign takes place for all political parties, politicalalliances, electoral alliances, organisations of citizens belonging to nationalminorities, as well as for all the independent candidates.

AArrttiiccllee 5577. – (1) During the electoral campaign, the informationconcerning the election system, voting procedure, electoral campaigncalendar, political programmes, opinions and messages with an electoralcontent shall only be presented in the following types of shows:

a) news bulletins – where information concerning the election system,voting procedure, and candidates’ campaign activities may be broadcast; forthis purpose, the scheduled length of the news bulletin may only beextended by 15 minutes;

b) electoral shows – where candidates may present their politicalprogrammes and electoral campaign activities;

c) electoral debates – where candidates, journalists, analysts and otherguests debate on electoral programmes and public interest topics.

(2) Private radio and television stations, including cable televisioncompanies, may insert shows of the type stipulated under paragraph (1),within their own programme grid. The access of the representatives andcandidates of political parties, political alliances, electoral alliances, and ofindependent candidates to this types of shows shall be free.

(3) Inside the shows stipulated under paragraph (1) b) and c) electoralvideos not exceeding 30 seconds may be inserted, which advise the electorateto vote a candidate or a candidates’ list.

(4) Inside the shows stipulated under paragraph (1) b) and c) an electoralvideo for each candidate or representative of the political party, politicalalliance, electoral alliance, or for the independent candidate present in thatshow, shall only be broadcast once, in compliance with article 56 (1) a) andb). If a political party, political alliance, or electoral alliance should haveseveral candidates or representatives in that show, a single video for thatparty or alliance may only be broadcast once.

(5) The shows stipulated under paragraph (1) may not be deemedelectoral publicity.

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AArrttiiccllee 5588. – (1) During the electoral campaign, the access of politicalparties, political alliances, and electoral alliances, as well as independentcandidates to public radio and television services, including those of thelatter’s territorial studios, shall be guaranteed and free under the termsstipulated by the law.

(2) 3 days after the election date is made public, the political parties,political alliances, or electoral alliances shall be bound to file an applicationfor air time with the managements of the public radio and televisionservices. Applications filed after that term shall no longer be taken intoconsideration.

(3) Air time distribution shall be done by a special parliamentarycommission, set up at least 10 days before the start of the electoralcampaign. The commission shall be in office until the end of the electoralcampaign.

(4) The special commission stipulated under paragraph (3) shall becomprised, by all means, of representatives of the parliamentary politicalparties or their political alliances or electoral alliances, a representative ofthe parliamentary group of national minorities, the president of theNational Broadcasting Standards Council, the president of the RomanianRadio Company, and the president of the Romanian Television Company.

(5) The number of seats due to each political party, each politicalalliance or electoral alliance in the commission stipulated under paragraph(3) shall be established by the permanent bureaux of the Chamber ofDeputies and the Senate in a joint meeting, being proportional to thecumulated number of deputies and senators belonging to each party. Afterthe composition of the special commission is completed, the leaderships ofthe parliamentary political parties or parliamentary political alliances shallnotify the full names of the persons designated to be members of it to theRomanian Radio Company and the Romanian Television Company.

AArrttiiccllee 5599. – (1) Before the completion of the candidacies, theparliamentary political parties, their political alliances or electoral alliances,as well as the organisations of citizens belonging to national minorities,represented in the Parliament, shall receive air time proportional to theirweight in Parliament.

(2) Within 48 hours of its establishment, the special parliamentarycommission shall notify the proportion of time, calculated according toparagraph (1), to the Romanian Radio Company and the Romanian TelevisionCompany.

(3) The Central Election Bureau shall notify the number of full listscomprising final candidacies from each political party, each political allianceor electoral alliance to the special parliamentary commission, no later

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than 24 hours since they are sent by the constituency election bureaux,according to article 34 (1) i).

(4) After the Central Election Bureau notifies the number of full lists offinal candidacies, according to paragraph (3), the special parliamentarycommission shall calculate the proportion of the air time that should beassigned by the Romanian Radio Company, the Romanian TelevisionCompany, and their territorial studios to political parties, political alliancesor electoral alliances, depending on the number of full lists comprising finalcandidacies, cumulated for the Chamber of Deputies and the Senate.

(5) The political parties, their political alliances or electoral alliances thatdo not have full lists of final candidacies in at least 50% of the constituenciesshall not be granted air time.

(6) An exception to the provisions of paragraph (5) shall be representedby the organisations of citizens belonging to national minorities, which shallhave access to the public territorial and national radio and televisionbroadcasting services, if they participate in the elections with candidates’lists in the constituencies in counties covered by such services.

(7) Independent candidates may only exercise their right to air time once,between 5 minutes and one hour, equally, depending on the timetable setby the managements of the Romanian Radio Company and the RomanianTelevision Company, and on their number.

AArrttiiccllee 6600. – Private television and radio stations that have showsaccording to article 57 (1) in their programme grid shall distribute air timeto political parties, political alliances and electoral alliances, as well as toindependent candidates as follows:

a) 75% of the air time shall be distributed to parliamentary politicalparties, political alliances or electoral alliances, in proportion to theirweight in Parliament;

b) 25% of the air time shall be distributed to non-parliamentary politicalparties, political alliances or electoral alliances that have put forwardcandidates’ lists in the constituency where the private television or radiostation is located;

c) independent candidates may only exercise their right to air time once,between 5 minutes and one hour, equally, within the 25-percentage,depending on the timetable set by the management of the private televisionor radio station, according to their number.

AArrttiiccllee 6611. – (1) During the electoral campaign, the candidates andrepresentatives of the political parties, political alliances, electoral alliances,or the independent candidates in competition shall only have access to publicand private radio and television stations, including cable television, in

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electoral shows and debates, under the terms of articles 57, 58 and 59, onevery Monday, Tuesday, Wednesday, Thursday, and Friday.

(2) The shows broadcast during the air time granted to each politicalparty, political alliance and electoral alliance, independent candidates andorganisations of citizens belonging to national minorities shall be live orrecorded, according to the proportion established by them.

(3) In electoral shows, it shall be prohibited to combine colours, graphicalsigns or sounds evoking the national symbols of Romania or of otherstates.

(4) During the electoral campaign period, the candidates andrepresentatives of the political parties in competition may not be producers,authors or anchor-men of shows made by public and private broadcasters.

(5) It shall be prohibited for trading companies with public or privatecapital, public institutions, non-governmental organisations, or naturalentities to buy air time, for publicity purposes, for the benefit and in favourof participants in the electoral campaign, or to transfer air time tocandidates.

AArrttiiccllee 6622. – (1) Public and private broadcasting companies shall be boundto take technical and editorial steps aimed at presenting the electoralcampaign in an equitable, well balanced, and impartial manner.

(2) News bulletins should also comply with the obligation to be objectiveand equitable, and to inform the public correctly.

(3) Candidates who are already in public offices may only appear in newsbulletins strictly in matters related to the exercise of their position.

(4) If the news bulletins present special facts or events of public interest,an opposite point of view shall also be presented, in addition to theauthorities’ point of view.

AArrttiiccllee 6633. – (1) Electoral shows and debates must ensure equal conditionsto all candidates as regards the freedom of expression, pluralism ofopinions, and equidistance.

(2) During electoral shows, candidates shall have the following obligations:a) not to jeopardise the constitutional order, public order, and safety of

persons and goods;b) not to make assertions that could cause harm to human dignity or

public morals;c) to prove possible accusations that have a criminal or moral impact on

another candidate;d) not to urge to hatred or discrimination on racial, religious, nationality,

sex, sexual orientation, or ethnic grounds.AArrttiiccllee 6644. – The authors and anchor-men of electoral shows and debates

shall have the following obligations:

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a) to be unbiased;b) to ensure the necessary balance during the show, giving each

candidate participating in the debates the opportunity to express his/heropinions;

c) to formulate clear questions, unbiased and not tendentious;d) to make sure the debate is kept within the sphere of interest of the

electoral campaign and the topics set forth;e) to intervene whenever guests violate the provisions of article 63 (2),

because of their behaviour or expressions; if guests should not comply withthe request, the anchor-man may decide to have their microphone powercut off or to put an end to the show, as the case may be.

AArrttiiccllee 6655. – (1) When opinion polls about the elections are presented,they must be accompanied by the following information:

a) the denomination of the institution having made the poll;b) the date or time interval when the poll was made and the methodology

used;c) the sample size and maximum error margin;d) who has requested and who has paid for the poll.(2) Tele-voting or street enquiries made amongst voters shall not be

presented as representative of the public opinion or a certain social or ethnicgroup.

AArrttiiccllee 6666. – The following are prohibited 48 hours before the electiondate:

a) presentation of opinion polls or broadcasting of electoral shows;b) inviting or presenting candidates in programmes, except for the

instances stipulated under article 68 (4);c) comments on the electoral campaign.AArrttiiccllee 6677. – On election day, it shall be prohibited to present polls made

when people leave the polling stations, before the voting is over.AArrttiiccllee 6688. – (1) The candidates and political parties whose rights and

legitimate interests have been harmed due to the presentation of untruthfulfacts in an electoral programme shall be entitled to reply.

(2) The candidates and political parties whose rights and legitimateinterests have been harmed due to the presentation of inaccurate informationin an electoral programme shall benefit from the right to correction.

(3) Broadcasting companies shall have the following obligations regardingthe right to reply and to correction:

a) to make a decision about granting or not granting the requested rightno later than 24 hours from the receipt of a written request; if the request

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refers to a show broadcast on the last day of the electoral campaign, thedecision shall be made no later than 12 hours from the receipt of the request;

b) to notify the decision made to the petitioner, within the termsstipulated under letter a), by telephone and/or in writing; if the requestedright should be denied, the reasons for this must be notified to thepetitioner and the National Broadcasting Standards Council;

c) if the decision is made to grant the requested right, to broadcast thecorrection or reply no later than 48 hours from the receipt of the request;if the show making the object of the notice was broadcast on the last dayof the electoral campaign, the correction or reply shall be broadcast on theday preceding the voting;

d) to broadcast the reply or correction within the term and under theterms notified to the broadcasting company, if the National BroadcastingStandards Council rules in favour of the petitioner.

(4) On the day preceding the voting, the broadcasting companies shallaccommodate in their programmes, immediately after the evening newsbulletin, a space for broadcasting corrections and replies resulting from thenotices referring to the shows broadcast on the last day of campaign.

AArrttiiccllee 6699. – (1) The broadcasting companies shall be bound to make sureto record the shows designed for the electoral campaign under the termsset out by the National Broadcasting Standards Council.

(2) The recordings of the shows designed for the electoral campaign shallbe kept available to the National Broadcasting Standards Council, throughoutthe length of the electoral campaign and for 30 days after the officialcommunication of the results.

AArrttiiccllee 7700. – (1) The failure to comply with the provisions of articles 57-69 shall entail the sanctions stipulated by the Law no. 504/2002 on radioand television, with subsequent amendments and additions, to beimplemented.

(2) Facts shall be ascertained, and sanctions applied by the NationalBroadcasting Standards Council which may find the facts itself or beinformed by those involved.

AArrttiiccllee 7711. – (1) Mayors shall be bound to set up, by the beginning of theelectoral campaign, special locations for electoral posting, taking intoconsideration the number of political parties, political alliances, andelectoral alliances which state that they are submitting candidates’ lists, andof persons stating that they are independent candidates in the elections.

(2) Mayors shall be bound to make sure that the special posting locationsare in public squares, on streets and in other public places attended bycitizens, without hindering traffic on public roads and other activities in those

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localities. Prior to that, mayors shall be bound to make sure any otherposters, notes and signs left from previous electoral campaigns have beenremoved.

(3) The use of electoral posting locations shall only be permitted to thepolitical parties, political alliances, electoral alliances, and independentcandidates that participate in the elections.

(4) The use of the special locations for electoral posting by a politicalparty, political alliance, electoral alliance, or independent candidate, so asto prevent their use by another political party, political alliance, electoralalliance, or independent candidate, shall be prohibited.

(5) Electoral posting in locations other than those established underparagraph (1) shall only be permitted with the consent of the owners,administrators, or holders, as the case may be.

(6) Each political party, political alliance, electoral alliance, or independentcandidate may only have one electoral poster in the space granted to themon an electoral billboard placed in the locations established under paragraph(1).

(7) An electoral poster placed in the locations stipulated under paragraph(1) may not exceed the dimensions of 500 mm on one side and 300 mm onthe other side, and the one convening an electoral rally, 400 mm on one sideand 250 mm on the other side.

(8) Electoral posters that combine colours so as to evoke the flag ofRomania, of another state, or of an international organisation shall beprohibited. An exception shall be the political parties that are members ofinternational political organisations, as they can use that organisation’s signas such or in a specific combination.

(9) Electoral posters that bring accusations slandering the publicauthorities, political parties, or candidates in the elections, due to theircontent shall be prohibited.

(10) The law enforcement authorities shall be bound to see that theintegrity of the electoral billboards and posters is preserved.

AArrttiiccllee 7722. – (1) Constituency election bureaux shall supervise the properprogress of the electoral campaign in their constituencies, solving by meansof decisions the complaints submitted to them about the violation of theprovisions of the law or of the election deontology by the candidates,political parties, political alliances, electoral alliances, or by persons havingbeen prohibited from participating in electoral campaign activities, as wellas about a political party, political alliance, electoral alliance, or independentcandidate being prevented from carrying out their electoral campaign.The provisions of article 63 shall apply accordingly.

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(2) If, on the occasion of complaint solving, the constituency electionbureau should deem that it is necessary to take administrative steps or toapply civil or criminal sanctions, it shall inform the competent authorities.

(3) A petition against the solution rendered by a constituency electionbureau may be filed, the solution of which shall be issued by the CentralElection Bureau, by means of a decision. The Central Election Bureau’sdecision shall be final.

(4) The solution to complaints and petitions shall be issued no later than3 days since these have been filed, and the decisions made shall bepublished in the press and posted in a visible place at the headquarters ofthe election bureau having issued them.

CHAPTER VIIIElection progress

AArrttiiccllee 7733. – (1) Each polling station shall be bound to have a sufficientnumber of voting booths, ballot boxes and stamps, in proportion to thenumber of voters appearing in the copies of the permanent electoral listsor to the estimated number of voters who shall go to the special pollingstations.

(2) The voting booths and ballot boxes shall be located in the room wherethe president of the polling station election bureau and its members carryout their activity. The voting booths, ballot boxes, stamps, and othermaterials needed by the polling station election bureau shall be madeavailable by the mayors of communes, towns, municipalities, andadministrative-territorial subdivisions of municipalities, with the help of theprefects.

(3) The mayors and presidents of constituency election offices or, as thecase may be, of election offices shall hand over the stamps and othernecessary materials to the presidents of polling station election bureaux basedon a signed written report, at least one day before the election date. Aftertaking over the ballot papers and stamps, the president of the polling stationshall make sure they are kept perfectly safe.

(4) The forms and other prints needed for voting shall be handed overto the polling station election bureau based on a hand-in-receipt bordereau,comprising the kind and number of copies of each print.

(5) The president of the polling station election bureau, together with itsmembers, shall be present at the head- quarters of the polling station on theeve of election day, at 18.00 hours, and bound to take the necessary stepsfor making sure order is preserved and the voting operations take placecorrectly.

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(6) The president shall order the setting up of guarding posts around thevoting precinct.

AArrttiiccllee 7744. – (1) On election day, at 6.00 hours, in the presence of the othermembers, the president of the polling station election bureau shall check theballot boxes, the presence of electoral lists, the forms for the special electorallists, ballot papers and stamps necessary for voting, after which he shall closeand seal the ballot boxes by affixing the control stamp of the polling station.

(2) The president shall be bound to make sure the control stamp of thepolling station has been affixed on the last page of the ballot papers.

AArrttiiccllee 7755. – (1) The president of the polling station election bureau shallbe bound to take the necessary lawful steps for voting operations to takeplace in adequate conditions of order and correctness.

(2) For this purpose, his/her powers shall also extend outside the pollingstation precinct, to the latter’s yard, as well as in the streets and in publicsquares, up to a distance of 500 metres.

(3) Apart from the members of the polling station election bureau,candidates, observers and accredited delegates, no other person may stay inthe public places in the voting area or in the polling station precinct for atime exceeding the necessary length of time for voting.

*“(31) At the polling stations abroad, the political parties, politicalalliances and electoral alliances participating in the elections may designatea delegate each, having Romanian citizenship and the right to vote, in orderto attend, as observer, the electoral process throughout the duration thereof.All the expenses for travel, accomodation, food and other everyday expensesshall be borne from by those who designate the observers.”

(4) Constituency election bureaux shall do the accreditation of delegatesfrom the Romanian print and broadcast media, as well as of home observersfrom non-governmental organisations whose main object is to preserve thevalues of democracy and human rights, based on the nominal applicationssubmitted in writing at least 48 hours before the election date by the chiefeditors of print and broadcast media, as well as by the management of suchnon-governmentalal organisations.

*“(5) The non-governmental organisations provided for in paragraph(4),legally established at least 6 months prior to the beginning of the electoralcampaign, shall be entitled to designate internal observers.

(51) The people designated as internal observers must have the right tovote and they must not be members of a political party. The accreditation

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* Paragraph (31) was introduced after paragraph (3) of article 75 by the GovernmentEmergency Ordinance no. 80/2004, paragraph (5) was amended by the same act, andparagraph (51) was introduced by the same emergency ordinance.

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shall be issued by the constituency electoral bureau for all the polling stationswithin the district of that constituency, only at the request of the non-governmentalal organisations provided for in paragraph (5), accompaniedby the written statement of each observer that he/ she will observe exactlythe accreditation conditions. The statement should be made on one’s ownaccount and shall be deemed as public act, all entailing the consequencesprovided by the law. The accreditation conditions shall enter in theaccreditation act.”

(6) The accreditation of delegates from the foreign print and broadcastmedia, as well as observers from European and international organisationsand institutions, shall be done by the Central Election Bureau, following theproposal of the Ministry of Foreign Affairs.

(7) The violation of the terms of accreditation, as well as of the provisionsof the present law shall entail the termination of the accreditation. Theaccreditation may only be withdrawn by the constituency election bureauor, as the case may be, by the Central Election Bureau, at the request of thepresident of the polling station election bureau.

(8) The accredited delegates and observers may only attend the electionoperations, including the counting of votes and the drawing up of writtenreports, if they produce their accreditation document. They shall be entitledin no way whatsoever to intervene in election organisation and progress,being only entitled to notify the polling station election bureau on findingany irregularity. Any act of propaganda on behalf of or against a politicalparty, political alliance, electoral alliance, or independent candidate, or anattempt to influence the voters’ options, as well as the violation in anymanner whatsoever of the accreditation document shall entail the applicationof sanctions according to the law, the suspension of the accreditation by thepolling station election bureau that has found the departure, and, onelection day, the immediate removal of the person in question from thepolling station.

(9) In order to preserve order, the prefect together with the Ministry ofAdministration and of the Interior shall make available the necessary lawenforcement means to the president of the polling station election bureau.

(10) During the voting process, the members of election bureaux and theaccredited persons shall be prohibited from wearing tags, badges or otherelectoral propaganda signs.

AArrttiiccllee 7766. – Voting shall start at 7.00 hours and shall close at 21.00 hours.AArrttiiccllee 7777. – (1) Voters may vote at the polling station in the district of

which their residence is located and where they are registered in the copyof the permanent electoral list, or at the polling stations organised under

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articles 22 and 23, respectively. Voters who vote at the polling stationsorganised under articles 22 and 23 shall be included on special electoral lists,through the offices of the president of that polling station election bureau.

(2) Voters who, on election day, find themselves in another locality thanthe one where they appear in the permanent electoral lists, may exercisetheir right to vote at any polling station, after having been included in thespecial electoral list, through the offices of the president of that pollingstation election bureau.

(3) The special lists shall also include the voters who come to vote andprove, by means of their ID paper, that they reside in the district of thatpolling station but they have been omitted from the permanent electoral listor from the copy existing with the polling station.

(4) The provisions of paragraph (2) shall also apply to Romanian citizensresiding abroad who, on election day, find themselves in Romania and whovote based on their passport.

AArrttiiccllee 7788. – (1) Voters’ access to the voting room shall take place in seriescorresponding to the number of voting booths. Each voter shall produce his/hervoter’s card and ID paper to the polling station election bureau members who,after checking that the person in question appears in the copy of thepermanent electoral list or as the case may be, in the special electoral liststipulated under article 77, shall hand over to him/her the ballot papers andthe stamp bearing the mention “Voted”, based on that person’s signature onthe electoral list.

(2) If, for reasons found by the president of the polling station electionbureau, a voter cannot sign in the electoral list, this should be mentionedin the list, being acknowledged by the signature of an election bureaumember.

(3) Voters shall vote separately, in closed booths, by applying the stampwith the mention “Voted” inside the quadrilateral that comprises thecandidates’ list or the name of the independent candidate he/she wishes tovote for.

(4) The size of the “Voted” stamp shall be so that it is smaller than thequadrilateral.

(5) After voting, voters shall fold the ballots so that the white pagebearing the control stamp stays out, and then they shall insert them in theballot box, taking care these do not open.

(6) A wrong folding of the ballot paper shall not entail ballot paper nullity.(7) If the ballot paper should open by mistake, the ballot paper shall be

annulled following the voter’s request, and the voter shall be given, only one

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time, a new ballot paper, this being mentioned in the voting operationswritten report.

(8) The stamp handed over to the voter with a view to voting shall bereturned to the president or another member of the bureau, who shall affixit to the voter’s card, in the quadrilateral corresponding to the ballotnumber issued by the Government, also mentioning the election date.

(9) The president may take steps so that a voter does not spend anunjustified period of time in the voting booth.

AArrttiiccllee 7799. – The president and his/her locum-tenens, the members ofpolling station election bureaux, as well as the persons in charge ofpreserving order shall vote at the polling station where they carry out theiractivity. They shall be included in the special electoral list stipulated underarticle 77 by the president of the polling station election bureau andremoved from the copy of the permanent electoral list existing with thepolling station in the district of which they live, following the request bythe president of the polling station election bureau where they carry out theiractivity.

AArrttiiccllee 8800. – (1) Candidates and voters have the right to contest theidentity of a person reporting for vote. In such cases, the president of thepolling station election bureau shall determine the identity of the personin question, using any lawful means.

(2) If the petition has good grounds, the president shall prevent thecontested voter from voting, mention the fact in a written report, and informthe police authorities about this.

AArrttiiccllee 8811. – (1) The president of the polling station election bureau maysuspend voting for good grounds, with the consent of the president of theconstituency election bureau.

(2) Such suspension may not exceed one hour and shall be notified byposting on the door of the polling station, at least one hour before. Thelength of all suspensions may not exceed two hours.

(3) During suspension, the ballot boxes, stamps, ballot papers, andother documents of the election bureau shall remain under permanent guard.During voting suspension, the ballot boxes and the stamps with the mention“Voted” shall be sealed.

(4) Bureau members may not be forced to leave the bureau at the sametime. The persons who, based on article 75 (3), attend the voting process maystay in the voting room during the suspension, at their request.

AArrttiiccllee 8822. – (1) The presence of any person other than the voter isprohibited in the voting booth.

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(2) A voter who cannot vote on his/her own, for good grounds, found bythe president of the polling station election bureau, shall be entitled to callfor help an attendant chosen by him/her, in the voting booth. Such anattendant may not be an observer, a member of the polling station electionbureau, or a candidate.

AArrttiiccllee 8833. – (1) For voters who cannot be transported due to an illnessor disability, the president of the polling station election bureau mayapprove, at their written request or at that of the head of the health or socialcare institution they are admitted to and where no special polling stationsare being organised, that a team comprised of at least two members of theelection bureau goes with a special ballot box and the materials needed forvoting – the stamp with the mention “Voted” and ballot papers – to the placewhere the voter in question is, so that he/she can vote. A single special ballotbox shall be used by a polling station. Only the members of the pollingstation election bureau may carry the special ballot box. A special ballot boxmay only be requested from the polling station within the district ofwhich the applicant’s residence or the headquarters of the social careinstitution is located.

(2) The persons voting according to paragraph (1) shall be included onthe special electoral list by the members of the polling station election bureauwho travel with the special ballot box.

AArrttiiccllee 8844. – At 21.00 hours the president of the polling station electionbureau shall declare the voting completed and order the closure of thepolling station. The persons found in the polling station at 21.00 hours shallbe allowed to exercise their right to vote.

CHAPTER IXEstablishing the results obtained in the elections

Section 1Finding the results of voting in polling stations

AArrttiiccllee 8855. – (1) After voting has been closed, the president of thepolling station election bureau shall proceed, in the presence of bureaumembers and, as the case may be, of the candidates and persons accreditedto attend the voting, to making an inventory of the stamps with themention “Voted”, as well as to counting and annulling the ballot papers notused, to checking the seals of the ballot boxes for integrity, and, after thoseoperations are completed, to opening the ballot boxes. The counting of ballotpapers and recording of results may be attended, as delegates, by therepresentatives of all the political parties, political alliances, and electoral

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alliances that have participated in the elections, but have no representativesin the polling station election bureau and are authorised by the leadershipsof their county organisations for this purpose. A written report on theoperations stipulated in the present paragraph shall be drawn up.

(2) After the inventory, the stamps with the mention “Voted” shall be keptunder seal. If there should be intact ballot paper packages left, the mention“annulled” shall be affixed once only on that package.

(3) On opening each ballot paper, the president shall read aloud thecandidates’ list that has been voted or, as the case may be, the full nameof the independent candidate voted and shall show the ballot paper to thepeople present. Opened ballot papers shall be stacked per political parties,political alliances, electoral alliances, as well as independent candidates, andcounted and tied separately.

(4) Ballot papers that do not have the control stamp of the polling station,ballot papers of another type than the one lawfully approved, ballot papersthat do not have the stamp with the mention “Voted” affixed to them, orin which the stamp is affixed on several quadrilaterals shall be annulled.The ballot paper shall be valid when, although the stamp has exceeded thelimits of the quadrilateral, the voter’s option is nevertheless obvious.

(5) Null ballot papers shall not be taken into consideration whencounting the votes validly cast.

(6) The result of voting for the Chamber of Deputies and the Senate shallbe recorded in a separate table each. A member of the polling station electionbureau, designated by the president, shall draw up the tables. If candidatesare also present when recording the results, they shall be entitled to drawup a table, too, per each one of the Parliament Chambers.

(7) The tables stipulated under paragraph (6) shall comprise the null ballotpapers, the candidates’ lists or the full names of the independent candidates,and the number of votes validly cast for each one.

AArrttiiccllee 8866. – (1) After the ballot boxes have been opened and the votescounted, the president of the polling station election bureau shall draw up,separately for the Chamber of Deputies and the Senate, a written report, in3 copies each, that shall comprise:

a) the total number of voters appearing in the copy of the permanentelectoral list and in the special electoral lists, of which:

– the total number of voters mentioned in the copy of the permanentelectoral list;

– the total number of voters mentioned in the special electoral lists;b) the total number of voters appearing in the electoral lists existing with

the polling station, who have participated in voting, of which:

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– the total number of voters appearing in the copy of the permanentelectoral list;

– the total number of voters appearing in the special electoral lists;c) the total number of votes validly cast;d) the number of null votes;e) the number of votes validly cast, obtained by each candidates’ list or

each independent candidate;f) a brief account of the objections filed and their solutions, as well as

of the petitions sent to the constituency election bureau;g) the condition of the seals on ballot boxes, at the end of voting;h) the number of ballot papers received;i) the number of ballot papers not used and annulled.(2) The written reports shall be signed by the president, his/her locum-

tenens, and members of the polling station election bureau, and bear thecontrol stamp. The signatures shall be affixed next to the full name and, asthe case may be, the political membership or the abbreviated denominationof the party that person is representing, respectively.

(3) The lack of the signatures of some bureau members shall notinfluence on the validity of the written report and of the elections. Thepresident shall state the reasons that have prevented those persons fromsigning the report.

(4) A copy of each written report shall be issued to the members of thepolling station election bureaux, at their request, by the president of theelection bureau. Such a request shall be submitted in writing, before thewritten report is drawn up.

AArrttiiccllee 8877. – (1) During the operations that involve voting, opening theballot boxes, counting the ballot papers and drawing up the written report,written objections may be raised as regards such operations.

(2) The polling station election bureau shall make a decision, on the spot,on the objections raised.

(3) Petitions may be filed in writing against the solution passed on theoccasion of considering the objections. The petitions shall be sent to thepresident of the polling station election bureau, who shall issue thesubmitter a proof of receipt. Such petitions shall be sent to the constituencyelection bureau.

AArrttiiccllee 8888. – (1) For each of the Chamber of Deputies and the Senate, afile shall be prepared that comprises the written reports and petitionsconcerning the polling station’s election operations, as well as the null andcontested ballot papers. These files, sealed and stamped, shall be carried tothe constituency election bureau or, as the case may be, the election officeby the president of the polling station election bureau. The president shall

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be accompanied by at least two bureau members, designated by lot drawing,and military guards. The files shall be sent no later than 24 hours from theclosure of the polling station. Files shall be handed over based on signedwritten reports.

(2) 24 hours from receiving the file, the constituency election bureau shallsend one of the written report copies to the court in the district of whichthe constituency is located; political parties and groups, as well asindependent candidates may obtain certified copies of that document.

AArrttiiccllee 8899. – After receiving the written reports comprising the result ofvote counting in the polling stations, the district election office shall drawup, according to article 86, separately for each of the Chamber of Deputiesand the Senate, a written report stating the total number of votes validlycast for each political party, political alliance, electoral alliance, andindependent candidate, which shall be sent within 24 hours to BucharestMunicipality Constituency Election Bureau, together with the files receivedfrom polling station election bureaux.

Section 2Ascertaining the results of voting in constituencies

AArrttiiccllee 9900. – (1) After receiving the files stipulated under article 88, andthe written reports and files stipulated under article 89, respectively, theconstituency election bureau shall draw up, separately for each of theChamber of Deputies and the Senate, a written report totalling the votesvalidly cast per each political party, political alliance, electoral alliance, andindependent candidate, which shall be sent to the Central Election Bureauwithin 24 hours.

(2) After receiving the written reports drawn up by the constituencyelection bureaux, according to paragraph (1), the Central Election Bureaushall ascertain the political parties, political alliances, and electoral alliancethat meet the electoral threshold, separately for the Chamber of Deputiesand the Senate. The electoral threshold shall be represented by theminimum number of votes validly cast for parliamentary representation,calculated as follows:

a) 5% of the votes validly cast throughout the entire country, for allpolitical parties, political alliances, and electoral alliances;

b) as regards political alliances and electoral alliances, to the 5-percentthreshold stipulated under point a) one shall add, for a second memberof the alliance, another 3% of the votes validly cast in the entire countryand, for each member of the alliance, starting with the third, one per centof the votes validly cast in the entire country, without exceeding 10% of thosevotes.

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(3) After receiving the finding document as regards the political parties,political alliances, and electoral alliances that meet or not the electoralthreshold from the Central Election Bureau, the constituency electionbureau shall proceed to assigning the deputy’s and senator’s mandates,respectively, according to article 91.

(4) The candidates and accredited persons shall be entitled to attend theoperations carried out by the constituency election bureau.

AArrttiiccllee 9911. – (1) Mandate assignment shall only be done taking intoconsideration the political parties, political alliances, and electoral alliancesthat have met the electoral threshold stipulated under article 90 (2),separately for the Chamber of Deputies and the Senate, as well as for theindependent candidates.

(2) Distribution and assignment of the deputy’s and senator’s mandates shalltake place in two stages: at the level of each constituency and at national level.

(3) At the constituency level, the election bureau shall establish, separatelyfor the Chamber of Deputies and the Senate, the constituency’s electoralquotient, by dividing the total number of votes validly cast for all candidates’lists of the political parties, political alliances, and electoral alliancesmeeting the requirements stipulated under paragraph (1) and for theindependent candidates, by the number of deputies and senators,respectively, to be elected in that constituency; each list shall be assignedas many mandates as the number of times the constituency’s electoralquotient is included in the votes validly cast for that list; mandate assignmentshall be done by the constituency election bureau in the order of candidates’listing; as far as independent candidates are concerned, a mandate shall beassigned to each one, if he/she has obtained a number of votes validly castat least equal to the electoral quotient for deputies or senators, as the casemay be. The remaining votes, i.e. those not used or in a number lower thanthe electoral quotient, obtained by the candidates’ lists of political parties,political alliances, and electoral alliances that meet the requirementstipulated under paragraph (1), as well as the mandates that could not beassigned by the constituency election bureau, shall be notified to theCentral Election Bureau by the latter, so that they can be distributed in acentralised manner.

(4) The Central Election Bureau shall sum, for the entire country,separately for the Chamber of Deputies and the Senate, the number of votesnot used and that which is lower than the constituency electoral quotientin all constituencies, per each political party, political alliance, or electoralalliance meeting the requirement stipulated under paragraph (1); thenumber of votes thus obtained by each political party, political alliance, andelectoral alliance shall be divided by 1, 2, 3, 4, etc., with as many division

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operations as the number of mandates that could not be assigned at theconstituency level; the quotients resulting from this division, irrespective ofthe list they come from, shall be ranked in a decreasing order, down to thenumber of unassigned mandates; the lowest of such quotients shall representthe national electoral quotient, for deputies and senators, separately; eachpolitical party, political alliance, or electoral alliance shall be assigned asmany deputy’s or senator’s mandates, as the case may be, as the numberof times the national electoral quotient is comprised in the total numberof votes validly cast for that political party, political alliance, or electoralalliance, resulting from summing the number of votes not used and thoselower than the constituency electoral quotient, at national level.

(5) The detailed assignment of the mandates distributed per constituenciesshall be done by the Central Election Bureau, as follows:

a) for each political party, political alliance, or electoral alliance, that hasreceived mandates under paragraph (4), the number of unused votes andof those lower than the constituency electoral quotient, in each constituency,shall be divided by the total number of votes validly cast for that politicalparty, political alliance, or electoral alliance taken into consideration duringthe mandate distribution at national level.

The result thus obtained per each constituency shall be multiplied bythe number of mandates due to that political party, political alliance, orelectoral alliance. The data obtained shall be listed in a decreasing order atnational level and, separately, in a decreasing order within each constituency.

Per each constituency, the first political parties, political alliances, orelectoral alliances shall be taken into account, within the limit of themandates left to be distributed in that constituency. The last number in thatoperation shall represent the distribution rate of that constituency.

Further on, one shall proceed to mandate distribution per constituenciesin the order of the political parties, political alliances and electoral alliances,as well as of the constituencies in the national order list, as follows: the firstnumber in the national order list shall be divided by the distribution rateof the constituency it comes from, thus giving the number of mandatescoming to that constituency. Then, the procedure shall be identical for thenext numbers in the national order list.

If the number of mandates due to a political party, political alliance, orelectoral alliance, or from a constituency should be exhausted, the operationshall go on without them.

If the number in the national order list should be lower than theconstituency distribution rate, a mandate shall be assigned;

b) if mandate assignment should not be possible in the order resultingfrom the implementation of the provisions under letter a), the Central

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Election Bureau shall take into consideration the constituency where thatpolitical party, political alliance, or electoral alliance has the highestnumber of candidates or a candidate, who have not been assigned mandates,and if, even so, there are mandates left unspecified per constituencies, theconstituency where that political party, political alliance, or electoralalliance has the highest number of votes unused or votes lower than theconstituency electoral quotient;

c) if, after the provisions under points a) and b) have been applied, thereare mandates left unassigned per constituencies, the Central ElectionBureau shall establish them based on an agreement between the politicalparties, political alliances, or electoral alliances to which those mandates aredue, according to paragraph (4), and, in the absence of such an agreement,by drawing lots, within 24 hours of the closure of the previous operations.

(6) The mandates distributed per candidates’ lists, according to paragraph(5), shall be assigned to the candidates by the constituency election bureau,in their registration order.

(7) The constituency election bureau shall issue the certificates provingthe election of the deputies and senators who have been assigned mandates,within 24 hours of the closure of each assignment operation.

(8) If the organisations of citizens belonging to national minoritiesshould choose to submit the same candidates’ list in several constituencies,according to article 5 (10), the deputy’s mandate assigned based on article4 (12) shall come, in the registration order, to the candidates placed on thelist that have received the highest number of votes validly cast.

(9) The mandate stipulated under paragraph (8) shall be assigned to theconstituency where the candidates’ list submitted based on article 5 (10) haswon most of the votes validly cast.

(10) The candidates placed on lists, who have not been elected, shall bepronounced substitutes in those lists. In the event of a vacancy for thedeputy’s or senator’s mandates elected on candidates’ lists, the substitutesshall take the vacant seats, in the order on the lists, if, by the date ofvalidation, the political parties or groups on the candidates’ lists of whichthe substitutes were included acknowledge in writing that the substitutesbelong to them, in view of taking the vacant seats.

AArrttiiccllee 9922. – (1) The constituency election bureau shall draw up awritten report for the Chamber of Deputies, and the Senate, separately, onall election operations, vote centralisation, finding of election results, andmandate assignment.

(2) The written report shall comprise:a) the total number of voters appearing in the copies of the permanent

electoral lists and in the special electoral lists, of which:

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– the total number of voters appearing in the copies of the permanentelectoral lists;

– the total number of voters appearing in the special electoral lists;b) the total number of voters appearing in the electoral lists who have

voted, of which:– the total number of voters appearing in the copies of the permanent

voting lists;– the total number of voters appearing in the special electoral lists;c) the total number of votes validly cast;d) the number of null votes;e) the number of votes validly cast, obtained by each candidates’ list or

each independent candidate;f) the number of ballot papers received by the polling stations;g) the number of ballot papers not used and annulled;h) how mandates have been assigned, according to article 91, the full

names of the elected candidates, as well as, as the case may be, the politicalparty, political alliance, or electoral alliance having supported them;

i) the mandates that could not be assigned at constituency level, as wellas the votes validly cast to be summed, according to article 91, at national level;

j) a brief account of the objections, petitions, and decisions made by theconstituency election bureau.

(3) The written report, together with the objections, petitions, andwritten reports received from polling station election bureaux and fromelection offices, as the case may be, making up a file, tied, sealed, stamped,and signed by the members of the election bureau, shall be sent, undermilitary protection, to the Central Election Bureau no later than 48 hoursfrom receiving the communication by the Central Election bureau concerningthe detailed assignment, per constituencies, of the mandates distributed ina centralised manner at national level.

(4) The null ballot papers shall be kept perfectly safe, packed, sealed andtagged, per each polling station, with the constituency election bureaux, untilthe validation of election results.

AArrttiiccllee 9933. – (1) The Central Election Bureau shall solve the objectionsand petitions filed with it, then it shall draw up separate written reports forthe Chamber of Deputies and the Senate, comprising, at national level:

a) the total number of voters appearing in the copies of the permanentelectoral lists and in the special electoral lists, of which:

– the total number of voters appearing in the copies of the permanentelectoral lists;

– the total number of voters appearing in the special electoral lists;

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b) the total number of voters appearing in the electoral lists, who havevoted, of which;

– the total number of voters appearing in the copies of the permanentelectoral lists;

– the total number of voters appearing in the special electoral lists;c) the total number of votes validly cast;d) the number of null votes;e) the number of votes validly cast, obtained by each candidates’ list or

each independent candidate;f) the number of ballot papers received by the polling stations;g) the number of unused and annulled ballot papers;h) the finding on how constituency election bureaux implement the

provisions of article 91 (3);i) nationwide distribution of mandates according to article 91 (4) and their

detailed distribution per constituencies under paragraph (5) of the same article;j) the organisations of citizens belonging to national minorities that,

although having participated in the elections, have obtained no deputy’s orsenator’s mandate; the totalling of the votes validly cast for the lists of eachof such organisations and finding which organisations shall be entitled to adeputy’s mandate under article 4; the full name of the first candidate on thelist of the organisation entitled to a deputy’s mandate having obtained thehighest number of votes; if the organisation’s lists have obtained an equalnumber of votes, designation shall be by drawing lots;

k) the way in which the petitions and objections received have been solved.(2) The written reports shall be signed by the president, his/her locum-

tenens and the other members of the Central Election Bureau in thepresence of whom they were drawn up, and sent to the Chamber ofDeputies and the Senate, aiming at election validation, together with thefiles prepared by the constituency election bureaux. The absence of thesignatures of some bureau members shall not have an influence on thevalidity of the written report and the elections. The president shall state thereasons having prevented those persons from signing the document.

(3) The software used in the centralised distribution of mandates andtheir detailed distribution per constituencies shall be approved by theCentral Election Bureau and shall represent an appendix to the written reportsent for election validation.

AArrttiiccllee 9944. – The Central Election Bureau shall publish the election resultsin the press and in the Official Gazette of Romania, Part I, in due time, witha view to complying with the provisions of article 63 (3) of the Constitutionof Romania, republished.

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CHAPTER XPartial elections

AArrttiiccllee 9955. – (1) If elections in a constituency should be annulled,according to article 32 (1) h), as well as if a deputy’s or senator’s mandatehaving become vacant cannot be taken by a substitute, partial elections shallbe organised.

(2) No election shall be held if a deputy’s or senator’s mandate vacancyhas occurred in the last 12 months prior to the expiry of the mandate tothe Chamber of Deputies and the Senate, as stipulated in article 63 (1) ofthe Constitution of Romania, republished.

AArrttiiccllee 9966. – (1) If the partial elections should take place as a result ofthe annulment of the elections in a constituency, the elections shall beorganised and held based on the same copies of the permanent electoral lists,the same candidacies, by the same election bureaux and, as the case maybe, election offices, and at the same polling stations, on the third Sundayfrom the annulment of the original elections.

(2) Candidates found guilty of fraud may no longer participate in the newballot.

(3) The partial elections organised in the event of a vacancy for adeputy’s or senator’s mandate shall take place under the terms of theadequate implementation of the present law, no later than 3 months sincethe Government has been notified by the president of the Chamber ofDeputies or, as the case may be, by the president of the Senate, regardingthe compliance with the conditions stipulated under article 95.

(4) If the partial elections stipulated under paragraph (3) should beorganised in a single constituency, the Central Election Bureau shall nolonger be established, and its powers shall be carried out by the constituencyelection bureau.

(5) Only the voters appearing on the permanent electoral lists of thelocalities within the constituency where elections are being organised shallparticipate in the partial elections.

CHAPTER XIMinor offences and crimes

AArrttiiccllee 9977. – The following actions shall be deemed minor offences:a) deliberately registering a voter in several electoral lists in his/her

residence locality, registering fictitious persons or persons who are notentitled to vote in the electoral lists, signing the supporters’ list in violationof article 44 (3)-(7);

b) violating the provisions stipulated under article 5 (2);

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c) violating the provisions regarding the posting of candidates’ lists andindependent candidacies, or the use of electoral signs;

d) keeping the records with the permanent electoral lists underinadequate conditions;

e) failure to make the communications stipulated by the law in due timeand failure to operate them in the permanent electoral lists;

f) unauthorised persons performing operations in the permanentelectoral lists;

g) failure to inform the civil courts about the changes operated in thecopy of the permanent electoral list existing with the mayor’s office;

h) unjustified refusal to issue a voter’s card, following the writtenrequest of the person concerned;

i) failure by the organisers to take the necessary steps for a normalprogress of electoral rallies, as well as distribution of alcoholic beveragesduring such rallies;

j) destruction, deterioration, soiling, covering by writing on, or in anyother manner, of electoral lists, posted programme platforms, or any otherposters or printed announcements of electoral propaganda;

k) posting electoral propaganda means in other locations than the onespermitted or in violation of the provisions of the present law;

l) acceptance by a person to be registered in several candidates’ lists, aswell as the acceptance to stand for elections both on a list and as anindependent candidate;

m) failure by the members of constituency election bureaux to makecandidacy proposals public;

n) denial to permit access to the polling station of the candidates oraccredited persons entitled to attend the progress of voting operations;

o) refusal to comply with the orders by the president of the polling stationelection bureau as regards ensuring order inside and outside the pollingstation;

p) unjustified refusal to register a voter on the special electoral list orto hand over the ballot paper and the voting stamp to a voter having signedin the electoral list, handing over the ballot paper to a voter who has notproduced his/her voter’s card and ID paper or who refuses to sign in theelectoral list where he/she appears for receiving them;

q) polling station election bureaux drawing up written reports inviolation of the provisions of the present law;

r) electoral propaganda being continued after the closure of the electoralcampaign, as well as advising the voters to vote or not certain politicalparties, political alliances, electoral alliances, or independent candidates, onelection day, at the headquarters of the polling stations;

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s) members of the polling station election bureau or accredited personswearing identity tags, badges, or other electoral propaganda signs, duringthe election;

t) the president, his/her locum-tenens or members of the electionbureaux, established under the provisions of the present law, missingfrom their activity;

u) refusal by the election bureau president or his/her locum-tenens toissue a certified copy of the written report to the persons entitled to itaccording to the provisions of the present law;

v) failure to apply the stamp with the mention “Voted” on one’s voter’scard or, as the case may be, on one’s ID paper, as well as holding the voter’scard without good reasons by the members of the polling station electionbureau; a voter’s card being retained by an unauthorised person, as well asthe holder entrusting some other person his/her voter’s card;

w) failure to implement the decisions of constituency election bureauxby the polling station election bureaux and the public authorities andinstitutions they refer to;

x) failure to implement the decisions made by the Central ElectionBureau by the polling station election bureaux and the public authoritiesand institutions they refer to.

AArrttiiccllee 9988.. – The minor offences stipulated under article 97 j), k) and n)shall be sanctioned with a fine ranging from ROL 3 000 000 to ROL 5 000000, those stipulated under d), e), f), and g) with a fine ranging from ROL5 000 000 to ROL 7 000 000, those under l), m) q), r) s), t), u) and v, witha fine ranging from ROL 7 000 000 to ROL 10 000 000, those stipulatedunder a), b), c), h), i), o) and p) with a fine from ROL 11 000 000 to ROL15 000 000, and those stipulated under w) and x) with a fine ranging fromROL 20 000 000 to ROL 50 000 000.

AArrttiiccllee 9999. – (1) The minor offences stipulated under article 97 shall befound and the sanctions stipulated under article 98 shall be implementedby:

a) policemen, for the actions stipulated under article 97 i), j), k), n), o),p), r), and v);

b) mayors and their agents, for the actions stipulated under article 97f) and j);

c) the president of the constituency election bureau, for the actionsstipulated under article 97 a), b), j), l), q), r), s), t, and w);

d) the president of the Central Election Bureau, for the actions stipulatedunder article 97 c), l) and v);

e) the president of the election bureau, if the minor offences have beencommitted by the election bureau members, or the president of the immediately

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higher election bureau, if the minor offences have been committed by thepresidents of the election bureaux under them or by their locum-tenentes,for the actions stipulated under article 97 r), s), t), u) and v);

f) authorised agents of the Permanent Election Authority president, forthe actions stipulated under article 97 a), d), e), f), g), h) and r).

(2) The offender may pay half of the minimum fine stipulated underarticle 98 on the spot or no later than 48 hours from the date of drawingup the written report or as the case may be, from the date it has beennotified to him/her, and the finding agent shall mention this possibility inthe written report.

(3) The provisions of Government Ordinance no. 2/2001 on the legalstatus of minor offences, approved with amendments and additions by Lawno. 180/2002, with subsequent amendments, shall be applicable to the minoroffences stipulated under article 97.

AArrttiiccllee 110000. – (1) Preventing by any means the free exercise of the rightto elect or be elected shall represent a crime and shall be punishable byprison from 6 months to 5 years and prohibition of certain rights.

(2) The wilful registration of persons who do not appear in the permanentelectoral list in the copy of that permanent electoral list shall represent acrime and shall be punishable by prison from 6 months to 5 years.

(3) Any attempted action according to paragraphs (1) and (2) shall bepunishable.

AArrttiiccllee 110011. – (1) Violation by any means of the secrecy of voting by themembers of the polling station election bureau or by other persons shallrepresent a crime punishable by prison from 6 months to 3 years.

(2) Any attempted action shall be punishable.AArrttiiccllee 110022. – (1) The promise, offering or giving of money, goods, or other

benefits for the purpose of making a voter vote or not a certain candidates’list or a certain candidate, as well as their acceptance by such voter shallrepresent crimes and shall be punishable by prison from 6 months to 5 years.

(2) If the action stipulated under paragraph (1) has been committed byan internal observer, the punishment shall be prison from 2 to 7 years.

(3) Any attempted action shall be punishable.(4) Goods with a symbolic value, bearing the signs of a party, shall not

be included in the category of goods stipulated under paragraph (1).AArrttiiccllee 110033. – (1) A person’s action of voting without being entitled to or

voting two or several times on election day shall represent a crimepunishable by prison from 6 months to 5 years.

(2) Any attempted action shall be punishable.AArrttiiccllee 110044. – (1) Using a null voter’s card or a forged voter’s card or

forged ballot paper, inserting a higher number of ballot papers than thosea voter is entitled to, or forging the documents of the election bureaux, by

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any means whatsoever, shall represent crimes punishable by prison from2 to 7 years.

(2) Any attempted action shall be punishable.AArrttiiccllee 110055. – (1) The attack by any means on the polling station

precinct, the stealing of the ballot box or election documents shall representcrimes and shall be punishable with prison from 2 to 7 years, unless theaction constitutes a more serious crime.

(2) Any attempted action shall be punishable.AArrttiiccllee 110066. – (1) The opening of ballot boxes before the time scheduled

for voting closure, as well as the use of the special ballot box under otherconditions than the ones stipulated under article 83 shall represent crimesand shall be punishable by prison from 6 months to 3 years.

(2) Any attempted action shall be punishable.AArrttiiccllee 110077. – (1) Entrusting other persons than the members of the

polling station election bureau with the special ballot box, or transport ofthe special ballot box by a person who does not belong to the polling stationelection bureau shall represent a crime punishable by prison from 1 yearto 5 years.

(2) Any attempted action shall be punishable.AArrttiiccllee 110088. – (1) Commissioning and using computer software with

apparent or hidden flaws, that alters the registration of the results obtainedin the polling stations, totals results with errors, or leads to mandatedistribution outside the provisions of the law, shall represent crimespunishable by prison from 2 to 7 years.

(2) The same sanction shall be applied to the introduction of data,information, or routines that lead to the alteration of the nationalinformation system.

(3) Any attempted action representing one of the crimes stipulatedunder paragraphs (1) and (2) shall be punishable.

AArrttiiccllee 110099. – For the crimes stipulated in the present law, a criminalprocedure shall be initiated ex officio.

AArrttiiccllee 111100. – The goods designed for and used in committing theminor offences stipulated under article 97 l) and s), or the crimes stipulatedunder articles 102 and 104, or resulting from their committing, shall beconfiscated.

CHAPTER XIITransitory and final provisions

AArrttiiccllee 111111. – (1) The costs for the election operations shall be coveredfrom the state budget.

(2) The headquarters and supplies of the Central Election Bureau shallbe provided by the Government, those of the constituency election bureaux

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by prefects and the presidents of county councils, or the general mayor ofBucharest municipality, respectively, and those of election offices, as wellas polling station election bureaux, by mayors, together with the support ofprefects.

(3) The documents prepared with a view to exercising one’s voting rightsstipulated in the present law shall be exempt from fees.

AArrttiiccllee 111122. – (1) In order to support the activity of the election bureaux,the Government shall provide the necessary statisticians, and the Ministryof Administration and of the Interior, together with the Permanent ElectionAuthority, the necessary auxiliary technical personnel.

(2) For the time interval during which election bureaux and officesfunction, their members, statisticians, and auxiliary technical personnel shallbe deemed as being given a temporary transfer and shall receive anallowance established by Government decision. Election bureau presidents,their locum-tenentes, and members shall receive that allowance from thedate of drawing up vesting written reports, as stipulated under article 43.

AArrttiiccllee 111133. – (1) Judgement by courts of law of the objections, petitions,or any other requests stipulated by the present law shall take place underthe rules set by the law for a presiding judge’s order, in the mandatorypresence of a public prosecutor.

(2) There is no right of appeal against the final decrees delivered by courtsof law under the present law.

AArrttiiccllee 111144. – (1) The terms per days, stipulated by the present law, shallbe calculated from the day they start to elapse, which shall be counted, untilthe day they are complete, even though such days may not be business days.

(2) For the entire election period, the election bureaux and courts of lawshall make provisions for permanent activity in order that the citizensexercise their voting right. On election day, the courts of law shall makeprovisions for permanent activity.

AArrttiiccllee 111155. – (1) The persons sentenced by means of a final court decreeto losing their voting rights shall not participate in the elections and shallnot be taken into consideration when estimating the total number ofvoters.

(2) As far as the persons held in custody based on a special warrant areconcerned, the provisions of article 83 on the special ballot box shall applyaccordingly, and the petition shall be written by the petitioner in person.The petition may only be sent to the polling station within the district ofwhich the detention place is located.

AArrttiiccllee 111166.. – (1) Prefects shall check that mayors carry out properly theirobligations under the present law and, if fraud or violations of some

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provisions of the law are found, they shall inform the competent authoritiesabout these.

(2) If prefects should find that a voter has not been included in theelectoral lists or has not been removed from them, according to the law, orthat the constituency election bureaux, election offices, or polling stationelection bureaux have not been legally established, they shall file objectionsand petitions, to be solved according to the provisions of the present law.

AArrttiiccllee 111177. – (1) For the purpose of the present law, by ID paper oneshall understand the ID card, temporary ID card, or diplomatic, business,consular, or ordinary passport, and, in the case of conscripts and militaryschool students, their military service card.

*“(2) An ordinary passport may be used for exercising the right to voteonly by the Romanian citizens who are abroad or the Romanian citizensresiding abroad. The Romanian citizens residing in Romania who voteabroad, as well as those residing abroad who vote in Romania, on the basisof the ordinary passport, shall fill in a written statement on their ownaccount that they have not or shall not exercise their voting right the sameday on the basis of another ID paper, as this one is defined in paragraph(1), or on the basis of the voter’s card.”

AArrttiiccllee 111188. – (1) The written reports handed over to the Central ElectionBureau, the latter’s registers, and all documents and materials from theCentral Election Bureau resulting from the process of elections for theChamber of Deputies and the Senate shall be kept, in compliance with theprovisions of the National Archives Law no. 16/1996, with subsequentamendments and additions, in the archives of the High Court of Cassationand Justice, separately from the other court documents.

(2) The ballot papers either used or unused, as well as the null ones, andthe written reports and stamps needed for voting, received by the court oflaw from constituency election bureaux or from polling station electionbureaux, shall be kept in the archives, separate from the other courtdocuments, for 3 months since the date of the publication of the electionresults in the Official Gazette of Romania, Part I.

(3) After the expiry of the term stipulated under paragraph (2), the courts,with the support of the prefects, shall hand over the ballot papers and othermaterials used in the voting process to specialised economic units, for recycling.

AArrttiiccllee 111199. – Within 5 days of the setting of the election date, theGovernment shall establish the model of the copy of the permanentelectoral lists, the model of the special electoral list, of the supporters’ list,the list of the members of the organisations of citizens belonging tonational minorities, as well as the model of the stamps of constituency

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* Paragraph (2) of article 117 was amended by Government Emergency Ordinance no. 80/204.

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election bureaux and Central Election Bureau. The Government shall alsoset, at least 20 days before the election date, the models of the written reportsascertaining the election results and the certificate proving the election ofdeputies and senators.

AArrttiiccllee 112200. – (1) The 2004 elections for the Chamber of Deputies andthe Senate, as well as for the office of President of Romania, shall take placeon 28 November 2004.

(2) The electoral campaign for the elections stipulated under paragraph(1) shall start on 28 October 2004 and end on 27 November 2004, 7:00 hours.

(3) The provisions of the present article shall come into effect on the dateof 11 October 2004, a date from which the terms that shall be calculatedfrom the setting of the election date, under the provisions of the presentlaw, start to elapse.

AArrttiiccllee 112211. – (1) In the 2004 elections, the voting right shall only beexercised based on the ID paper, as defined under article 117, on which thestamp with the mention “Voted” and the election date, or, as the case maybe, a sticker containing the mention “Voted” and the election date, shall beaffixed. The failure to affix the stamp with the mention “Voted” or, as thecase may be, the sticker on the ID paper shall represent a minor offencepunishable with a fine ranging from ROL 5 000 000 to ROL 7 000 000.Finding the offence and applying the fine shall be done according to theprovisions of article 99 (1) a) and e).

(2) The voter’s cards issued by the date of the 2004 parliamentaryelections shall not be used for these elections.

(3) The provisions of the present law concerning the use of voter’s cardsshall be applicable starting with the 2008 parliamentary elections.

(4) The Ministry of Administration and of the Interior shall be bound toprint and issue voter’s cards to all citizens entitled to vote, by 31 December2006.

AArrttiiccllee 112222. – On the date of the present law coming into effect, Law no.68/1992 on the elections for the Chamber of Deputies and the Senate,published in the Official Gazette of Romania, Part I, no. 164 of 16 July 1992,with subsequent amendments and additions, shall be repealed.

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APPENDIX No. 1

NNuummbbeerriinngg,, tteerrrriittoorriiaall ddeelliimmiittaattiioonn aanndd nnuummbbeerr ooff ddeeppuuttyy’’ss aanndd sseennaattoorr’’ss mmaannddaatteess ppeerr eeaacchh ccoonnssttiittuueennccyy

CCoonnssttiittuueennccyy TTeerrrriittoorriiaall NNuummbbeerr NNuummbbeerr nnuummbbeerr ddeelliimmiittaattiioonn ooff ddeeppuuttyy’’ss ooff sseennaattoorr’’ss

ooff ccoonnssttiittuueennccyy mmaannddaatteess mmaannddaatteess

No. 1 Constituency Alba county 6 2No. 2 Constituency Arad county 7 3No. 3 Constituency Arge∫ county 9 4No. 4 Constituency Bac„u county 10 5No. 5 Constituency Bihor county 9 4No. 6 Constituency Bistri˛a-N„s„ud county 5 2No. 7 Constituency Boto∫ani county 7 3No. 8 Constituency Bra∫ov county 9 4No. 9 Constituency Br„ila county 5 2No. 10 Constituency Buz„u county 7 3No. 11 Constituency Cara∫-Severin county 5 2No. 12 Constituency C„l„ra∫i county 5 2No. 13 Constituency Cluj county 10 4No. 14 Constituency Constan˛a county 10 4No. 15 Constituency Covasna county 4 2No. 16 Constituency D‚mbovi˛a county 8 3No. 17 Constituency Dolj county 10 5No. 18 Constituency Gala˛i county 9 4No. 19 Constituency Giurgiu county 4 2No. 20 Constituency Gorj county 6 2No. 21 Constituency Harghita county 5 2No. 22 Constituency Hunedoara county 7 3No. 23 Constituency Ialomi˛a county 4 2No. 24 Constituency Ia∫i county 12 5No. 25 Constituency Ilfov county 4 2No. 26 Constituency Maramure∫ county 7 3No. 27 Constituency Mehedin˛i county 4 2No. 28 Constituency Mure∫ county 8 4No. 29 Constituency Neam˛ county 8 4No. 30 Constituency Olt county 7 3No. 31 Constituency Prahova county 12 5No. 32 Constituency Satu Mare county 5 2No. 33 Constituency S„laj county 4 2No. 34 Constituency Sibiu county 6 3No. 35 Constituency Suceava county 10 4No. 36 Constituency Teleorman county 6 3No. 37 Constituency Timi∫ county 9 4No. 38 Constituency Tulcea county 4 2No. 39 Constituency Vaslui county 7 3No. 40 Constituency V‚lcea county 6 3No. 41 Constituency Vrancea county 6 2No. 42 Constituency Bucharest municipality 28 12TTOOTTAALL 331144**)) 113377

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*) No more than 18 deputies shall be added to this number, from the organisations of citizens belongingto national minorities that have not reached the number of votes in the elections allowing them to berepresented in the Parliament [under article 4 (2)].

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APPENDIX No. 2

II.. BBAALLLLOOTT PPAAPPEERR MMOODDEELL FFOORR TTHHEE EELLEECCTTIIOONNSS FFOORR TTHHEE CCHHAAMMBBEERROOFF DDEEPPUUTTIIEESS

*) The election date shall be mentioned here.

NOTE:1) The full denomination of the political party, political alliance, or electoral alliance shall be written here.2) The electoral sign shall be reproduced here; between the denomination of the political party, political

alliance, or electoral alliance, and the electoral sign there should be a 3-letter space kept. The electoralsign shall be printed in a graphical space of 2.5 cm x 2.5 cm.

3) The full names of the candidates shall be listed here, in the order of the candidates’ list submitted, and,as far as alliances are concerned, their abbreviated political membership (initials of the political party,political alliance, or electoral alliance), then the quadrilateral shall be closed.

4) The mention “Independent candidate” shall be made here; for each independent candidate, a distinctquadrilateral shall be printed, in the final part of the ballot, in the order of candidacy registration.

5) The electoral sign shall be placed here.6) The full name of the independent candidate shall be placed here.

– The full names, as well as the words placed inside quadrilaterals shall be printed in capital letters.– Several quadrilaterals may be printed on one page, depending on the number of candidates appearingin the lists.

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ROMANIA

BALLOT PAPERFOR THE ELECTIONS FOR THE CHAMBER OF

DEPUTIES

No ........................ Constituency

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IIII.. BBAALLLLOOTT PPAAPPEERR MMOODDEELL FFOORR TTHHEE EELLEECCTTIIOONNSS FFOORR TTHHEE SSEENNAATTEE

*) The election date shall be mentioned here.

NOTE:1) The full denomination of the political party, political alliance, or electoral alliance shall be written here.2) The electoral sign shall be reproduced here; between the denomination of the political party, political

alliance, or electoral alliance, and the electoral sign there should be a 3-letter space kept. The electoralsign shall be printed in a graphical space of 2.5 cm x 2.5 cm.

3) The full names of the candidates shall be listed here, in the order of the candidates’ list submitted,and, as far as alliances are concerned, their abbreviated political membership (initials of the politicalparty, political alliance, or electoral alliance), then the quadrilateral shall be closed.

4) The mention “Independent candidate” shall be made here; for each independent candidate, a distinctquadrilateral shall be printed, in the final part of the ballot paper, in the order of candidacyregistration.

5) The electoral sign shall be placed here.6) The full name of the independent candidate shall be placed here.

– The full names, as well as the words placed inside quadrilaterals shall be printed in capital letters.– Several quadrilaterals may be printed on one page, depending on the number of candidates appearingon the lists.

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ROMANIA

BALLOT PAPERFOR THE ELECTIONS FOR THE SENATE

No ................ Constituency

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IIIIII.. MMOODDEELL OOFF TTHHEE PPOOLLLLIINNGG SSTTAATTIIOONN CCOONNTTRROOLL SSTTAAMMPP

*) Constituency number and county name shall be mentioned (e.g. “No. 40 V‚lcea”)

NOTE

– The ink for stamps shall be the same colour over the entire territory of a constituency.– Stamps shall be made through the offices of the prefects.– Stamp size shall be established by the prefect, by means of an order, so that all the data inside

it are legible.

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IIVV.. MMOODDEELL OOFF TTHHEE SSTTAAMMPP WWIITTHH TTHHEE MMEENNTTIIOONN ““VVOOTTEEDD””*) Constituency number shall be inserted here.

NOTE– The ink for stamps shall be the same colour over the entire territory of a constituency.– Stamps shall be made through the offices of the prefects.– Stamp size shall be established by the prefect, by means of an order, so that all the data inside

it are legible.